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SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT
set up abroad, and/or postal voting, proxy voting and e-voting (see
paragraph 34 above). The length of residence abroad is another factor taken
into consideration by member States. Some grant voting rights only to
nationals temporarily resident outside the country, while in others
expatriates lose the right to vote after a certain period of time (see
paragraph 35 above). Furthermore, some Contracting States make provision
for expatriates to elect their own representatives to the national parliament,
in electoral constituencies set up outside the country (see paragraph 37
above). Lastly, in the majority of member States which allow voting from
abroad, persons wishing to avail themselves of this facility must register by
a certain deadline on the electoral roll with the authorities in their country of
origin or the diplomatic or consular authorities abroad (see
paragraphs 39-45 above).
75. In short, none of the legal instruments examined above forms a basis
for concluding that, as the law currently stands, States are under an
obligation to enable citizens living abroad to exercise the right to vote. As to
the arrangements for exercising that right put in place by those Council of
Europe member States that allow voting from abroad, there is currently a
wide variety of approaches.
76. Secondly, with regard to the domestic legislation in issue in the
present case, the Court observes that Article 51 § 4 of the Constitution
provides that “[t]he conditions governing the exercise of the right to vote by
persons outside the country may be specified by statute ...”. The Scientific
Council of Parliament, for its part, stated, in its report of 31 March 2009 on
the bill concerning the exercise of the right to vote in parliamentary
elections by Greek voters living abroad, that permitting the exercise of the
right to vote from abroad was an option rather than a duty for the
legislature, while stressing that legal opinion was not unanimous on the
subject (see paragraph 19 above). In conclusion, it would appear that while
Article 51 § 4 of the Constitution allows the legislature to give effect to the
exercise of voting rights for expatriate Greeks from their place of residence,
it does not oblige it to do so. Accordingly, and having regard to the
considerations outlined above (see paragraph 75), the Court is of the view
that it is not its task to indicate to the national authorities at what time and in
what manner they should give effect to Article 51 § 4 of the Constitution.
77. Furthermore, since 2000, the Greek authorities have made several
attempts to give effect to the provisions of Article 51 § 4. During the 2001
constitutional revision, for instance, the content of these provisions was
clarified and it was stated that the principle of simultaneous voting did not
rule out the exercise of voting rights by postal vote or other appropriate
means, provided that the counting of votes and the announcement of the
results were carried out at the same time as within the country (see
paragraph 16 above).