constitutionally guaranteed autonomy of the CDU and the authors’ constitutional rights. In particular, it observed that the authors’ rights to freedom of opinion and to political participation had been lawfully restricted by resolution C 47, which implemented the statutory limitation contained in section 10, paragraph 4, of the Political Parties Act. Similarly, the lower courts’ decision to give the higher priority to the autonomy of the CDU than to the authors’ right to freedom of faith, conscience and creed was not considered arbitrary by the Court. addition, the Court found that political parties were entitled to adopt resolutions on the incompatibility of their membership with parallel membership in another organization, in order to distinguish themselves from competing parties or other associations pursuing opposite objectives, unless such decisions are arbitrary. However, Resolution C 47, as well as the decision of the Federal Party Tribunal that the teachings of Scientology were incompatible with basic CDU principles, was not considered arbitrary by the Court. 3.5 The Court emphasized that the authors had violated CDU principles, as defined in resolution C 47, not merely because of their convictions, but through the manifestation of these beliefs, as reflected by their membership in Scientology, their adherence to the Organization’s principles, the first author’s achievement of the status “clear” within Scientology, and the second and third authors’ substantial donations to the Organization. The complaint 4.1 The authors allege violations of their rights under articles 2, paragraph 1, 18, 19, 22, 25, 26 and 27 of the Covenant, as a result of their expulsion from the CDU, based on their affiliation with Scientology, and as a result of the German courts’ decisions confirming these actions. In the authors’ view, they were deprived of their right to take part in their communities’ political affairs, as article 25 of the Covenant protected the right of “every citizen”, meaning that “[n]o distinctions are permitted between citizens in the enjoyment of these rights on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”4 Their expulsion from the CDU amounted to an unreasonable restriction of that right, in the absence of any reference to a right of party autonomy in article 25. 3.6 The authors’ constitutional rights to protection of their dignity, free development of their personality, freedom of faith, conscience and creed, freedom of expression and freedom of association, read in conjunction with the constitutional principle of non-discrimination, as well as the requirement of a democratic internal organization within political parties, were superseded by the constitutionally protected interest of the party in its proper functioning and the principle of party autonomy. The authors’ rights under the European Convention and the Covenant, both of which had been transformed into domestic law, could offer no higher level of protection. 4.2 The authors recall the Committee’s interpretation that the right to freedom of association under article 22 of the Covenant is an essential adjunct to the rights protected under article 25, since political parties and membership in parties play a significant role in the conduct of public affairs and the election process. This right and the authors’ right to freedom of expression under article 19, paragraph 2, of the Covenant had been arbitrarily restricted by their expulsion from the CDU, given that the Church of Scientology had not been banned by the Federal Constitutional Court, and that none of its organs was subject to criminal proceedings or had ever been convicted of any crime in Germany. Consequently, the authors’ activities as Scientologists were entirely lawful and, in fact, compatible with CDU standards of conduct. 3.7 In order to preserve its unity as well as its credibility, the CDU was entitled to expel the authors who had exercised their constitutional rights in a manner contrary to the party’s principles and aims, thereby undermining its credibility and persuasiveness. The Court concluded that the authors had seriously impaired the public image of the CDU and that their expulsion was therefore covered by article 10, paragraph 4, of the Political Parties Act and was, moreover, proportionate to the aim pursued. 3.8 The authors’ constitutional complaint was dismissed as manifestly ill-founded by the Federal Constitutional Court on 28 March 2002. The Court held that the lower courts were justified in limiting their review to the question of whether the authors’ expulsion from the CDU was arbitrary or whether it violated their basic rights, as the autonomy of political parties required State courts to abstain from interpreting and applying party statutes or resolutions. 4.3 The authors submit that their exclusion from the CDU, upheld by the German courts, also violated their rights under article 18 of the Covenant, which had to be interpreted widely as encompassing freedom of thought on all matters, personal 4 3.9 The Court was satisfied that the lower courts had struck an adequate balance between the The authors quote the Committee’s General Comment 25, at para. 3. 41