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SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT 3 THE FACTS I. THE CIRCUMSTANCES OF THE CASE 10. The applicants were born in 1967 and 1958 respectively and live in Strasbourg. They are officials of the Council of Europe. 11. By Presidential Decree no. 154/2007 of 18 August 2007, the Greek Parliament was dissolved and a general election was called for 16 September 2007. 12. In a faxed letter of 10 September 2007 to the Greek ambassador in France, the applicants, who are permanently resident in France, expressed the wish to exercise their voting rights in France in the elections to be held on 16 September 2007. 13. On 12 September 2007 the ambassador, relying on the instructions and information provided by the Ministry of the Interior, replied as follows. “[The Greek State] confirms its wish – frequently expressed at the institutional level – to enable Greek citizens resident abroad to vote from their place of residence. However, it is clear that this necessitates statutory rules which do not currently exist. In fact, such rules cannot be introduced by a simple administrative decision, as special measures are required for the setting-up of polling stations in embassies and consulates ... In the light of the above and despite the wish expressed by the State, your request concerning the forthcoming elections cannot be granted for objective reasons.” 14. The general election took place on 16 September 2007. The applicants, who did not travel to Greece, did not exercise their right to vote. II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND PRACTICE A. Domestic law and practice 1. The Greek Constitution of 1975 15. The relevant provisions of the Constitution read as follows. Article 1 “ ... 2. Popular sovereignty shall be the foundation of government. 3. All powers shall derive from the people and exist for the people and the nation; they shall be exercised as specified by the Constitution.” Article 51 (before the 2001 revision of the Constitution) “1. The number of members of parliament shall be defined by law. It shall not be below two hundred or above three hundred.

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Sitaropoulos v. Greece

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Election Accessibility
Regional Jurisprudence

Description: The applicants filed suit alleging that their inability to vote from home infringed on the right to vote generally. The applicants were permenately residing in France and sought to exercise their right to vote during the September 16, 2007 elections. On September 10, 2007 the applicants faxed a letter to the Greek Ambassador expressing their wish to exercise the right to vote from their homes in France. On September 12, 2007 the Ambassador stated that the applicants would not be able to vote unless they were physically in Greece. The lower court determined that the application was admissible with regard to at least some of the applicants and that there was an violation in the right to vote. The court first look at the legislative history and determined the failed bill entitled “exercise of the right to vote in parliamentary election by Greek voters living abroad” was before Parliament in 2009. This legislative action served the purpose of ensuring vital rights to Greek citizens residing abroad — a right the legislation stated was already in existence. However, conflicting reports stated that voting abroad was an option presented to the legislature to permit, but not a duty to allow. The court stated that Article Three ensures that all elections are held under conditions that ensure free expression of political preferences. Exclusion of person from the right to vote must therefore, be reconcilable with Article Three. Thus, this case pertains to the ability to exercise the right to vote. The court determined that the nature of the right to vote was not infringed because there were not sufficient facts to call into question the existing legal framework in Greece. The court found not violation of Article Three of Protocol No. 1.

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English

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Latitude: 38.061568849909236

Longitude: 23.74405129550924

: Geolocation

Author(s): European Court of Human Rights

Date: Mar 25, 2012

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CASE OF SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE.pdf
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Election Judgments - IFES

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Sitaropoulos v. Greece

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