The sustainability of democracy. A case-study on the impact of ECtHR’s decisions in Turkey

The ‘democratic argument’ encompassed in article 3 of the Protocol 1 of the ECHR has been called into question against Turkey in the appeals for the dissolution of political parties as well as for the lift of the parliamentary immunity of several MPs. Compared to the huge amount of appeals against Turkey in front of the ECtHR and considering the frequent reference to Turkey as an hybrid democracy, however, the cases involving the ‘democratic argument’ are relatively few. Quantitatively, until 2019, the ECtHR has been appealed for a violation of article 3 Protocol 1 of the ECHR by Turkey in 17 cases and has declared the violation in 11 of them.
First, I will presents the common elements of the 11 decisions, highlighting whether they envisaged a violation of the democratic argument in a domestic legal provision or in a practice of the Turkish institutions. Then, I will focus on the measures enacted at the domestic level to guarantee the ECtHR decisions.