Article 3 of Protocol No. 1 - Right to free elections

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All Updates

Cases selected for updating the Case-Law Guide.

Guðmundur Gunnarsson and Magnús Davíð Norðdahl v. Iceland, nos. 24159/22 and 25751/22


Various irregularities surrounding vote recount in a regional constituency in Parliamentary elections.

Myslihaka and Others v. Albania, nos. 68958/17 and 5 others


Statutory voting ban preventing serving prisoners convicted of serious criminal offences from voting in parliamentary elections.

Field and Others v. the United Kingdom (dec.), nos. 34442/18 and 4 others


Inability of women to take part in by-elections of hereditary peers to the House of Lords. Applicability.

Kalda v. Estonia (no. 2), no. 14581/20


Assessment by domestic courts of the proportionality of statutory blanket voting ban as applied specifically to applicant. 
Judgment | Legal Summary

Bakirdzi and E.C. v. Hungary, nos. 49636/14 and 65678/14


Shortcomings of the national minority voting system.
Judgment Legal Summary

Kara-Murza v. Russia, no. 2513/14


Annulment of dual national’s registration to stand for election by automatic application of blanket ban on multiple nationals.
Judgment | Legal Summary

Advisory opinion on the assessment, under Article 3 of Protocol No. 1 to the Convention, of the proportionality of a general prohibition on standing for election after removal from office in impeachment proceedings [GC], no. P16-2020-002


General prohibition on standing for election after removal from office in impeachment proceedings.
Advisory opinion | Legal Summary

Anatoliy Marinov v. Bulgaria, no. 26081/17


Automatic removal of voting rights from persons placed under guardianship.
Judgment | Legal Summary

Mironescu v. Romania, no. 17504/18


Detainee serving his prison sentence outside the electoral constituency of his place of residence not allowed to vote.
Judgment | Legal Summary

Toplak and Mrak v. Slovenia, nos. 34591/19 and 42545/19


Voting procedure for disabled voters.
Judgment | Legal Summary

Miniscalco v. Italy, no. 55093/13


Disqualification from standing for regional elections on account of criminal convictions for corruption and abuse of power. Applicability and merits.
Judgment | Legal Summary

Galan v. Italy (dec.), no. 63772/16


Removal from office of a member of parliament and disqualification from standing as an electoral candidate on account of a criminal conviction. Applicability and merits.
Decision | Legal Summary

Caamaño Valle v. Spain, no. 43564/17


Judicial disenfranchisement of applicant's daughter with intellectual disability.
Judgment | Legal Summary

Repetto Visentini v. Italy (dec.), no. 42081/10


Removal of an elected representative from her functions on a provincial council with legislative powers, in application of a regional law.
Decision | Legal Summary

Strøbye and Rosenlind v. Denmark, nos. 25802/18 and 27338/18


Disenfranchisement owing to removal of legal capacity.
Judgment | Legal Summary

Selahattin Demirtaş v. Turkey (No. 2) [GC], no. 14305/17


Loss of immunity, and prolonged pre-trial detention, of an opposition member of parliament (MP) given his political speeches.
Judgment | Legal Summary

Çalışkan and Erdem v. Turkey (dec.), nos. 13105/15 and 2 others


Applicability to presidential elections.

Political Party "Patria" and Others v. the Republic of Moldova, nos. 5113/15 and 14 others


Disqualification of a party three days before parliamentary elections on account of alleged use of undeclared foreign funds.
Judgment | Legal Summary

Mugemangango v. Belgium [GC], no. 310/15


Scope of the procedural safeguards for the effective examination of electoral disputes and impartiality of the decision-making body.
Judgment  | Legal Summary

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