Political parties represent an undeniable reality of modern political life.

If we were to make a
history of political parties, we can say that early forms have existed since antiquity, but the
parties appear in the XVIII—XIX centuries. The process of appearance and development of
political parties must be looked in close correlation with the occurrence and development of
parliamentarism, so with the idea of representation in public life. The purpose of political
parties is the conquest of political power, hence derives thereof notion which are defined as
organizations relatively stable and relatively durable, made up of individuals who are united
by the same ideological conceptions, by subscribing to a common set of values that take
action to gain the power and to apply their own policies (domestic and foreign) in the
governing act. Thus, political parties, as political institutions, have an important role in the
creation and consolidation of a democratic regime.
Political parties represent a real turning point in the political system of a country through the
role played in the construction and functioning of the democratic system of government,
through the political and economic changes they make when they come to govern, as a result
of the will of the electorate.
Political pluralism is an indispensable condition of democracy and the value that the
Constitution gives to this principle is exceptional. The guarantees of pluralism are diverse, but
the main guarantee is the possibility and freedom of the establishment and functioning of
political parties, ensuring equal legal treatment and the constitutional guarantee of the right to
free association. The Constitution of the Republic of Moldova divided the freedom of
association into two components: 1) freedom of establishment and affiliation to trade unions;
2) freedom of parties and other social-political organizations. The Constitution does not
expressly provide for the general freedom of association (in public associations, other forms
and communities of interests, purposes), but this right is guaranteed to the citizens of the
Republic of Moldova by virtue of international treaties on fundamental rights and freedoms.
In the modern sense of the term, as well-defined political institutions, with clearly founded
statutes and programs, with organized and permanent activity, to which all classes and social
categories have access, with a major role in the organization and management of society,
political parties appear once modern society. The genesis of modern political parties must be
sought during the transition from feudalism to capitalism, during the anti-feudal struggle
waged by the bourgeoisie. The bourgeois revolutions, but also the opposition of the old feudal
class, gave birth to the doctrinal-political foundations and, together with them, to the
instruments of their application — the political parties.
Art. 41 para. (1) of the Constitution of the Republic of Moldova provides that citizens may
freely associate in parties and other social-political organizations. In the jurisprudence of the
Constitutional Court11, it was mentioned that the right to association is enshrined in art. 41 of
the Constitution and provides for the possibility of citizens to associate, freely, in parties or
social-political formations. The right to associate in parties is a fundamental socio-political
right, in the category of freedom of opinion, thus classified alongside freedom of conscience
and expression.
Interpreting art. 41 para. (1) of the Constitution, the Constitutional Court12 considered that
the legal regulation of the manner and conditions of participation of parties and other socio-
political organizations in elections is carried out based on the provisions of an organic law,
according to art. 72 para. (3) lit. a) from the Constitution.
Law no. 294-XVI of 21.12.2007 regarding political parties defines political parties as
"voluntary associations, with legal entity status, of citizens of the Republic of Moldova with
the right to vote, which, through common activities and based on the principle of free
participation, contribute to the conception, expression and the realization of their political
will". According to the same law, political parties, being democratic institutes of the rule of
law, promote democratic values and political pluralism, contribute to the formation of public
opinion, participate, by submitting and supporting candidates, in elections and the
establishment of public authorities, stimulate citizens' participation in elections, participate,
through their representatives, in the legal exercise of power in the state.
In doctrine, the aims of the parties are presented as:
— the promotion through the joint efforts of the members of the national interest based on
some particular principle on which they agree;
— procuring for their leaders the power within a group and the active militants chances —
ideal or material — to pursue objective goals, to obtain personal advantages or to achieve
both; the realization of a political program;
— pursuing the realization of a philosophy or ideology, with the aim of conquering and
exercising power; contribution to the expression of suffrage, proposing programs and
presenting candidates in elections.
Based on the above, we highlight the following functions of political parties:
1. The most important function is that of mediation between citizens and the state, between
civil society and political society. This function manifests itself fully during the elections.
Elections are the only way for parties to gain political power. Citizens, in turn, can accept or
reject one party or another, one political orientation or another, only by participating in the
electoral ballot. Parties, therefore, offer citizens the opportunity to validate or not the political
orientation of society;
2. The party assumes governing responsibilities — in case of victory in the elections, in this
sense it elaborates and promotes a political concept, programs and strategies for the socio-
economic development of the society, participates in the formation of the organs of power and
controls their activity, promotes its own ideology;
3. The party is a training and education school for those who occupy government and
parliamentary positions;
4. It contributes to an active and conscious participation of citizens in political life;
5. Controls and criticizes the activity of the executive and the legislature. This function
usually belongs to the opposition.
In the sense of the above, we conclude that political parties as political institutions are the
basic components of a democratic society. In fact, political parties and democracy condition
each other. We can talk about the existence of an authentic democracy only after the
emergence and development of political parties, which, in turn, can fully manifest themselves
only in democratic conditions. These political actors are the ones who seek access to power in
a legal framework. Also, political parties, as non-governmental organizations, allow people
with different ideas, visions and level of knowledge to join them, and democracy assumes the
superiority of collective thinking over individual thinking, especially in solving problems with
a high degree of complexity. Parties represent the only way of constructive and consensual
promotion of the plurality of interests that characterize a community.