Стаття 3 Першого протоколу - Право на вільні вибори
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Справи, відібрані для оновлення Посібника із судової практики.
Shlosberg v. Russia, no. 32648/22
Disqualification of an opposition candidate in parliamentary elections due to his participation in a rally deemed extremist.
Judgment
Ždanoka v. Latvia (no. 2), no. 42221/18
Removal of the applicant’s name from a list of candidates for parliamentary elections on the grounds of her past active participation in the Communist Party of Latvia and her current political activities.
Judgment
Kokëdhima v. Albania, no. 55159/16
Termination of Member of Parliament’s mandate on the ground that it was incompatible with his involvement in business activities through a company of which he was the sole shareholder, that drew income from contracts with State bodies.
Judgment
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.
Judgment
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.
Judgment
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.
Decision
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.
Decision
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