freedom of elections

Refusing to respond to a candidate’s request whether playing a Kurdish song in his election campaign was an offense did not limit or affect the effectiveness of his voting rights

JUDGMENT
Ahmet Yavuz Yılmaz v. Turkey 10.11.2020 (app. no. 48593/07)
Right to be elected. Possibility to play a Kurdish song in the election campaign of a candidate for MP.
The applicant is a lawyer and run in the national elections. He applied to the Electoral Council of his district to clarify if he could play a Kurdish song in his election campaign and if it was illegal, because the election law provided that the election campaign could only take place in Turkish, the The Supreme Court had ruled that the reproduction of a Kurdish song was not illegal. The Council replied that it had no jurisdiction to respond.

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Arbitrary exclusion of a party 3 days before the parliamentary elections due to alleged use of undeclared foreign funds. Violation of the right to stand for elections

JUDGMENT Political Party “Patria” and others v. Republic of Moldova 04.08.2020 ( app. no. 5113/15, 14963/15, 15910/15) see here  SUMMARY Right to be elected and to ensure equal and fair conditions for all candidates in an election campaign. Exclusion of a party three days before the parliamentary elections due to alleged use of undeclared foreign […]

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Procedure for examining a complaint about election results did not satisfy the effectiveness requirements of the Convention

GRAND CHAMBER JUDGMENT Mugemangango v. Belgium 10.7.2020 (no.  310/15) see here SUMMARY The case concerned a post-election dispute relating to the elections held on 25 May 2014. Before the Court, Mr Mugemangango complained about the procedure conducted by the Walloon Parliament after he had challenged the election results. He argued that the Walloon Parliament, which […]

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The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination

JUDGMENT Baralija v. Bosnia and Herzegovina 29.10.2019 (no.  30100/18) see here  SUMMARY  The absence of electoral provisions and the exclusion of voters from their right to vote is incompatible with the rule of law and constitutes prohibited discrimination. Right to vote – stand for election, legal void, democratic legitimacy. The applicant, a resident of the Mostar […]

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Violation of the freedom of elections. Resignation and withdraw of resignation. She claimed that she was forced to give up under pressure. Insufficient procedural guarantees in accepting the resignation

JUDGMENT  G.K. v. Belgium 21.05.2019 (no. 58302/10) see here SUMMARY Resignation and withdraw of resignation of a senator on the grounds that she was forced to resign. The case concerned a former Belgian senator who claimed that she had been illegally deprived of her post as she was forced to resign after pressure from her […]

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