Compendium of Standards, Good Practices and Recommendations
candidate for public functions;
b) to stand for election in the local public administration and in the Parliament of
Romania, as well as in the position of President of Romania; […]
Article 29 restricts the exercise of certain rights and freedoms for active service militaries:
a) Political opinions can only be expressed outside the service;
b) The public expression of opinions contrary to the interests of Romania and the armed
forces is not allowed;
c) The conditions under which military cadres in service will be able to publicly disclose
military information shall be established by order of the Minister of National Defense;
d) Accession to religious cults is free, except for those which, according to the law, are
contrary to the rules of public order, as well as to those that violate good morals or
affect the exercise of the profession;
e) Establishment of different forms of association with a professional, technicalscientific, cultural, sport-recreational or charitable character, with the exception
of trade unions or those that contradict the unique chain of command, order
and discipline specific to the army institution, is permitted under the conditions
established by the military regulations. [...].
f) Participation in rallies, demonstrations, processions or meetings of a political or trade union
nature is prohibited, except for the activities in which they participate in the mission; […]
Moderately restrictive policies of political neutrality, on the other hand, seek to restrict how
armed forces personnel participate in public life. The objective is to avoid the appearance
that the military and/or individuals identified as service personnel are publicly aligned with
a political cause. In Finland, for example, military personnel can stand for local elections
as independent candidates, but not participate in political activities, election advertising
and demonstrations while in uniform.169 Similar restrictions apply in Italy, Belgium and the
170
United Kingdom. In the United Kingdom, limitations may be imposed on service personnel
holding office in political parties but not on political party membership.
Least restrictive policies of political neutrality aim to encourage political participation by
limiting restrictions on the political rights of armed forces members, provided that the
exercise of such rights does not interfere with military duty. The Netherlands follows this
approach and even permits, under certain circumstances, demonstrations to be held at
military installations or the participation of service personnel in uniform in public meetings.
As with highly restrictive means, the rationale of minimal restrictions may be to protect
democratic values. The German “citizen in uniform” approach, for example, aims to actively
169
Response of Finland to the ODIHR-DCAF 2018 questionnaire.
170
Nolte and Krieger, op. cit., note 165, pp. 79-80.
87
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