1. European Court of Human Rights Inna Shyrokova

2. EUROPEAN ELECTORAL HERITAGE Article 3 of Protocol No. 1 Code of Good Practice in Electoral Matters

3. Article 3 of Protocol No. 1 Right to free elections. The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature 1954 Legal obligation! (interpreted in the Court’s case-law) Code of Good Practice in Electoral Matters 2002 Detailed inventory (recommendatory) of basic rules and guidelines + explanatory report Form & legal status

4. Scope (1) Not always the same aspects of the electoral process covered EXAMPLES: - The Communist Party of Russia and Others v. Russia, 19 June 2012 - Geraguyn Khorhurd Patgamavorakan Akumb v. Armenia (dec.), 14 April 2009 - Lykourezos v. Greece, ECHR 2006 Code: virtually all aspects P1-3: only the aspects raised in admissible complaints to the ECHR

5. Scope (2) Not always the same types of elections EXAMPLES: - Mółka v. Poland (dec.), 11 April 2006 - Cherepkov v. Russia (dec.), 25 January 2000 - Valentin Gorizdra v. Moldova (dec.), 2 July 2002 - Ljube Boškoski v. the former Yugoslav Republic of Macedonia (dec.), 2 September 2004 - Krivobokov v. Ukraine (dec.), 19 February 2013 - Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987 - Vito Sante Santoro v. Italy, ECHR 2004 Code: virtually all types of elections P1-3: only the legislative elections (NB: in the “autonomous” meaning!)

6. Universal suffrage Equal suffrage Direct suffrage Free suffrage Secret suffrage Principles are the same!

7. Interrelation Code Court’s case-law - as the hard core of the European election heritage - as consideration for interpretation of P1-3

8. Wide – but not all-embracing! - margin of appreciation for Member States The Court is the last resort to determine compliance with P1-3

9. Aims of restrictions Must be compatible with: - the principle of the rule of law; - the general objectives of the Convention - & its Protocols EXAMPLE: - Campagnano v. Italy, ECHR 2006 ‑ IV

10. What does the Court look at? -Arbitrariness? -Proportionality? -Interference with the free expression of the opinion of the people? -Extent of the limitation curtailing the rights in question as to impair their very essence and depriving them of their effectiveness?

11. The “active” electoral right – TO VOTE The “passive” electoral right – TO STAND FOR ELECTIONS

12. Restriction on the voting right based on criminal conviction EXAMPLES: - Hirst v. the United Kingdom (no. 2) [GC], ECHR 2005 ‑ IX - Frodl v. Austria, 8 April 2010 - Scoppola v. Italy (no. 3) [GC], 22 May 2012 Acceptable in principle. BUT: No automatic and indiscriminate restriction on all detained convicts’ right to vote! Could be decided by courts or incorporated in law

13. Restriction on the voting right based on residence EXAMPLES: - Sitaropoulos and Giakoumopoulos v. Greece [GC], ECHR-2012 - Shindler v. the United Kingdom, 7 May 2013 Acceptable even where envisaged by the domestic legislation, but impossible in practice.

14. Restriction on the right to stand for elections Stricter requirements may be imposed than on the voting eligibility Restrictions must be clear and foreseeable Prevention of arbitrariness and abuse of power EXAMPLES: - Melnychenko v. Ukraine, ECHR-2004 - The Russian Conservative Party of Entrepreneurs and Others v. Russia, 11 January 2007

15. = equal treatment of all citizens in their right to vote and to stand for election ≠ specific electoral system

16. -Freedom to form an opinion -Freedom to express an opinion ≠ ensuring a specific voting preference! EXAMPLE: - The Russian Conservative Party of Entrepreneurs and Others v. Russia, 11 January 2007

17. Impartiality & independence of election administration There should be sufficient checks and balances against outside pressure! EXAMPLE: - The Georgian Labour Party v. Georgia, ECHR-2008.

18. Effective system of appeal Effective = respected and complied with! EXAMPLE: - Petkov and Others v. Bulgaria, 11 June 2009.