SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT
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constitutional requirement to adopt “postal voting” for Greeks resident
abroad had not yet been enforced.
61. The debate on expatriates’ political rights hinged on two opposing
ideas and the majority of positions and practices of States, with different
variants and nuances, fell within the two extremes. The first was the idea of
a political community based entirely on territory while the second was that
of a community beyond territory, formed by links of solidarity which united
the nation. The third-party intervener cited J. Habermas, according to whom
the notion of the democratic self-determination of a community “require[d]
that those who [were] subject to the law and those to whom the law [made]
reference should consider themselves to be the creators of the law”. This
quotation reflected a notion of the status of citizen that primarily viewed
residence on a territory as the decisive criterion but took objective account
of the fact that it was not absolutely necessary for individuals to reside on
the territory of a State in order for them to feel that they had vital links with
that State. There was an increasing realisation that “it [was] possible to live
at home and far from home”. This transnational approach to citizenship
rendered obsolete a debate on voting rights for expatriates based solely on a
territorial understanding of citizenship. The fact that electoral campaigns
were now conducted principally via computer-based social networks (such
as Facebook and Twitter) proved that the argument of “distance” between
the expatriate and his or her country of origin was no longer as relevant as it
had been a few years previously.
62. In the view of the third-party intervener, the response to the dilemma
of whether to grant political rights to expatriates could not be an “all or
nothing” one. There was a need to define an objective criterion by which to
assess whether or not expatriates had meaningful links with the Greek State
and thus decide whether they should be included in the electorate. The
League observed that in most member States of the European Union which
provided for electoral rights for expatriates, the usual precondition was
registration on the electoral roll of the State concerned at the embassy or
consulate located in the region in question. Accordingly, the only
objectively reliable criterion for the granting or otherwise of “a postal vote
or other appropriate means” would appear to be whether or not electoral
rolls existed at the overseas consulate. The response to the demands of the
Greek diaspora to participate in Greek elections should be graduated in
order to take account, in a proportionate and balanced manner, of the way in
which the democratic process in the country of origin influenced the lives of
expatriates.