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SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT
Second National Assembly, when Greek citizens had been able to vote from
their places of residence abroad. A significant section of academic opinion
on Greek constitutional law, and also the Greek courts, were of the view
that a constitutional provision guaranteeing a right of such importance as the
right to vote could not remain inapplicable indefinitely. The applicants
pointed out in particular that, when faced with the same issue concerning
Article 24 § 6 of the Constitution, which provided for the enactment of a
law on measures restricting ownership rights for the purposes of protecting
the cultural environment and on the manner in which owners were
compensated, the full Supreme Administrative Court had held that, in so far
as the legislature had not enacted the implementing law in question, “the
authorities were under the obligation, arising directly out of the
Constitution, to ensure the continuing protection of the monument and,
simultaneously, to compensate the affected owner”. In the applicants’ view,
the requirement for the Greek legislature to pass legislation in accordance
with Articles 108 and 51 § 4 of the Constitution was binding and not
optional. They submitted that the delay of thirty-six years, imputable to the
Greek State, in giving effect to a specific provision of the Constitution and
making effective the right of expatriates to vote from abroad amounted to a
violation of Article 3 of Protocol No. 1.
51. In the applicants’ view, the stance taken by the Court in Hilbe v.
Liechtenstein ((dec.), no. 31981/96, ECHR 1999-VI) was not relevant in the
instant case. Unlike the applicant in that case, they were already registered
on the electoral roll and their right to vote was explicitly recognised in
domestic law. Hence, they were not complaining about a restriction on their
right to vote as such, but about the failure to adopt the arrangements needed
to give effect to that right.
52. The applicants stated that they followed political developments in
their country of origin with particular interest and wished to maintain close
ties with Greece. In particular, they pointed out that they were registered on
the electoral roll in Greece, held valid Greek passports, owned immovable
property in Greece on which they paid income tax and were still authorised
to practise as lawyers in Greece. They maintained that being unable to vote
in the Greek parliamentary elections from their State of residence
constituted interference with their voting rights, in breach of both the Greek
Constitution and the Convention. That interference arose out of the fact that
they would have to travel to Greece in order to exercise their right to vote.
The applicants acknowledged that they could fly to Samos and
Thessaloniki, their respective home towns, for parliamentary elections.
However, that possibility did not alter the substance of their claim, namely
that they would thereby incur significant expense and that their professional
and family life would be disrupted since they would be obliged to be away
from their work and families for a few days.