Compendium of Standards, Good Practices and Recommendations Box 5.3: Recognition of the civil and political rights of service personnel in selected OSCE participating States The right to join a political party The right to stand for election Freedom of association Recognized in legislation Austria, Cyprus, Germany, Italy, Malta, Norway, Sweden, Switzerland, the United Kingdom Albania, Austria, Cyprus, the Czech Republic, Denmark, Estonia, Finland,159 Germany, Italy,160 Latvia, Malta, Montenegro, Norway, Poland, Slovenia, Sweden, Switzerland Albania, Austria, Cyprus, the Czech Republic,161 Denmark, Estonia, Finland, Germany, Italy,162 Latvia, Lithuania, Malta, Montenegro, Norway, Slovenia, Sweden, Switzerland Prohibited or not recognized Albania, Azerbaijan, Bosnia and Herzegovina, the Czech Republic, Denmark, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Montenegro, Poland, Romania, Slovakia, Slovenia Azerbaijan, Bosnia and Herzegovina, Greece, Ireland, Lithuania, Romania, Slovakia,163 the United Kingdom Azerbaijan, Bosnia and Herzegovina, Greece, Ireland, Poland, Romania, Slovakia164 A comparison of European military law systems highlights three approaches to the level of political participation permitted for service personnel, namely: • highly restrictive policies of political neutrality; • moderately restrictive policies of political neutrality; and • least restrictive policies of political neutrality. 165 Highly restrictive policies effectively ensure the invisibility of the armed forces in public debate. This approach seeks to ensure neutrality by, in effect, isolating the armed forces and separating them from active political involvement. Such policies may be justified by a desire to avoid repetition of military intervention in political life (such as is the case in Spain). Similarly, in Poland, Article 26(2) of the Constitution provides that “[t]he Armed Forces shall observe neutrality regarding political matters and shall be subject to civil and democratic 159 Career soldiers cannot be elected as members of parliament. 160 Senior officers cannot be elected as members of parliament, or to regional or municipal authorities in the district of service. 161 Trade unions are not allowed. 162 Political meetings cannot be attended in uniform. 163 Active duty military personnel cannot get involved on political party gatherings. 164 Active duty military personnel cannot take part in trade unions nor political party gatherings. 165 Georg Nolte and Heike Krieger, “Comparison of European Military Law Systems”, in Nolte, op. cit., note 8, pp. 77 and onwards. 85

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents