1st P – Article 3

Electoral system which in practice excluded representatives of national minorities from entering the Parliament. Violation of the right to free elections

JUDGMENT Bakirdzi and E.C. v. Hungary 10.11.2022 (app. no. 49636/14 and 65678/14) see here SUMMARY The European Court of Human Rights found that the system that had been put in place to ensure the political representation of national minorities in Hungary had ended up limiting their political effectiveness and threatened to reduce, rather than enhance, […]

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Exclusion of a candidate from the right to be elected because he had dual citizenship! Violation of the right to free elections

JUDGMENT Kara–Murza v. Russia 04.10.2022 (app. no. 2513/14) see here SUMMARY Electoral legislation and the necessity of personalizing electoral rights. The applicant has dual citizenship, he is a British and Russian national. He lives in Russia and ran in the regional elections. He was excluded from the right to be elected by a court decision […]

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Removal of a party representative from the polling station without sufficient documentation. Violation of the freedom of expression

JUDGMENT Timur Sharipov v. Russia 13.09.2022 (app. no. 15758/13) see here SUMMARY The applicant was an election observer, appointed by a political party, at a Moscow polling station in the 2011 parliamentary elections. During the proceedings he videotaped the election process and the counting of votes. The Electoral Commission (PEC) of the electoral division removed […]

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Advisory opinion on the right to stand as a Member of Parliament for a former Member of the Parliament and a judge, who has been referred for criminal offenses

ADVISORY OPINION REGARDING LITHUANIA 08.04.2022(P16-2020-002) GRAND CHAMBER SUMMARY The European Court of Human Rights has delivered, unanimously, its response to a request (no. P16-2020-002) made by the Supreme Administrative Court of Lithuania for an advisory opinion on impeachment legislation, a question which is at issue in a case pending before it. The Court concluded that […]

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Deprivation of the right to vote regarding a person under partial guardianship without strict and individualized control of his / her abilities. Violation of the right to free elections

JUDGMENT Anatoliy Marinov v. Bulgaria  15.02.2022 (app. no.  26081/17) see here SUMMARY Partial guardianship. Deprivation of the right to vote. Right to free elections. The applicant had been under partial guardianship due to mental disorders. He automatically lost the right to vote. His application to regain legal capacity and all the rights deriving from it, […]

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Prohibition of a prisoner from voting in the parliamentary elections because the detention center was not in the same electoral constituency as that of his place of residence. Violation of the right to free elections

JUDGMENT Mironescu v. Romania 30.11.2021 (app. no. 17504/18) see here SUMMARY Right to free elections. Right to vote for prisoners who have not been deprived of their political rights. The applicant was serving a prison sentence and although he had not been deprived of his political rights, he was not eligible to vote in his […]

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Individuals with disabilities are entitled to adequate access to polling stations! Violation of the right to appeal for lack of legal aid for compensation!

JUDGMENT Toplak and Mrak v. Slovenia 26.10.2021 (app. no. 34591/19 and 42545/19) see here SUMMARY Disability. Non-discrimination. Appropriate measures for the participation of disabled people in the elections. Effective remedies According to the Strasbourg Court, disability is considered a prohibited cause of discrimination. The applicants, who have muscular dystrophy, complained through their appeal about the […]

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Discalification of a candidate from regional elections due to his conviction for abuse of power. Non-violation of the ECHR

JUDGMENT Miniscalco v. Italy 17.06.2021 (app. no. 55093/13) see here SUMMARY Exclusion of a candidate from elections due to his irrevocable criminal conviction. Retroactive exclusion power. Right to free elections. The applicant was disqualified from running in the regional elections because of his irrevocable conviction in three decisions for abuse of power prior to the […]

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Removal from office of a member of Parliament and disqualification from standing as an electoral candidate for 6 years on account of a criminal conviction: Non violation of the ECHRA

JUDGMENT Galan v. Italy 17.06.2021 (app. no. 63772/16) see here SUMMARY The case concerned the applicant’s forfeiture of his electoral seat as a member of parliament on account of a finding by Parliament that there was a ground of ineligibility following a conviction for corruption. The Court attached weight to the approach taken by the […]

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Disenfranchisement of mentally disabled woman was proportionate and in line with the Convention

JUDGMENT Caamaño Valle v. Spain 11.05.2021 (app. no. 43564/17) see here SUMMARY The case concerned the disenfranchisement of the applicant’s daughter, M., who was mentally disabled. The Court found in particular that “ensuring that only citizens capable of assessing the consequences of their decisions and making conscious and judicious decisions should participate in public affairs” […]

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