The Lisbon Treaty is now about to become operative, and the British opt out is irrelevant in relation to the rights of the BNP.
The treaty gives the BNP the rights defined below - and ensures that any laws that relate to the EU, including the parts of the Equality Act 2006 which is based on the Employment Belief Regulations 2003 which is derived from an EU directive, now have to be read as being in accord with the EU legal rights in the charter of fundamental freedoms unless UK expressly states the UK law is not to be read in accord with those rights.
(Discrimination on grounds of sexual orientation, religion or belief, disability and age in employment and vocational training is prohibited by Directive 2000/78/EC (“Framework Directive”))
The directive above was transposed into UK law via the Employment Equality Belief Regulations 2003 which were later amended to remove the word 'similar' in the Equality Act 2006 section 44 ;
44 Religion and belief
In this Part—
(a) “religion” means any religion,
(b) “belief” means any religious or philosophical belief,
(c) a reference to religion includes a reference to lack of religion, and
(d) a reference to belief includes a reference to lack of belief.
Note the removal of the word 'similar'
Therefore the Employment Equality Belief Regulations 2003, as amended by the Equality Act 2006, must now be read in accord with the Charter of Fundamental Rights of the European Union as the directive was transposed into British law without amendment from the EU directive and the government did not declare an opt out from any specific part of the Charter when it transposed it into law in the UK.
Therefore the Tribunals now have to give effect to the provisions of the Fundamental Charter of Human Rights and prohibit discrimination on the grounds of POLITICAL belief.
United Kingdom and Poland Opt Out Terms ;
The "Charter of Fundamental Rights of the European Union" interpreted by the European Court of Justice is not to apply fully to the United Kingdom and Poland, although it would still bind the EU institutions and apply to the field of EU law:
1. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms.
2. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law.
To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.
—Reform Treaty - Protocol (No 7)
Therefore this clearly states that EU directives and laws must be given effect in accord with rights in the charter unless the UK government has passed laws that expressly state the charter is to be ignored.
As the Employment Belief Rgulations derive from an EU directive, have been passed into law as a EU directive and transposed into law with no derogation from the EU directive, then the rights in the charter of fundamental rights now apply to citizens of the UK when they use the Equality Act 2006 which amended the Employment Equality Belief Regulations 2003 to define philosophical belief.
Philosophical Belief now includes a right not to suffer political discrimination, so if the judges tried to frame any decision to exclude the BNP this is now unlawful due to the rights as defined in the charter below ;
Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.
2. Political parties at Union level contribute to expressing the political will of the citizens of the Union.
Equality before the law
Everyone is equal before the law.
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
2. Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.
Right to vote and to stand as a candidate at elections to the European Parliament
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State.
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.
Right to vote and to stand as a candidate at municipal elections
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.