Abstract
This Article is dealing with freedom of expression reservations regarding regulation of financing electoral campaigns. The main issue here is a question of whether state has competence to put ceiling on the amount of what an individual can contribute to candidates or to spend on his own to promote some political party or particular candidate.
Regarding the last effort of the Czech Government to control current deregulated situation, there was a lot of criticism derived from recent Supreme Court of United States case law where public interest is very limited. On the other hand, the European Court of Human Rights provided Contracting States with wide margin of appreciation when recognized public interest on integral electoral process.
Contrary to SCOTUS, the ECtHR recognized the right of States to prohibit third parties from campaigning when political parties are similarly excluded. Generally, activities of third parties other than political parties or candidates are growing and bypassing intention behind classical electoral legislation to secure transparent and accountable system of electoral campaigning.
Nearly an unlimited amount of money in politics and its unknown origin leads to danger for political pluralism and causes fear of corruption. To conclude, under the ECHR regime, states possess enough discretionary power to issue regulation of third parties political activities to create obligation to disclose issuer of campaign advertisements and to regulate amount of money involved in campaigning.