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4 SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT 2. The members of parliament shall represent the nation. 3. The members of parliament shall be elected through direct universal suffrage and by secret ballot, by those citizens who have the right to vote, as specified by law. The law shall not curtail citizens’ right to vote except in cases where the statutory minimum age has not been attained, in cases of legal incapacity or in connection with a final criminal conviction for certain offences. 4. Parliamentary elections shall be held simultaneously throughout the country. The conditions governing the exercise of the right to vote by persons outside the country may be specified by statute. 5. The exercise of the right to vote shall be mandatory. Exceptions and criminal sanctions shall be specified in each case by law.” Article 54 “1. The electoral system and constituencies shall be specified by a law which will apply to the elections immediately following the forthcoming elections unless an explicit provision, adopted by a majority of two-thirds of the total number of members of parliament, stipulates that it is to apply as of the forthcoming elections. 2. The number of members of parliament elected in each constituency shall be specified by presidential decree on the basis of the population of the constituency for legal purposes, derived, according to the latest census, from the number of persons registered on the relevant municipal rolls, as provided for by law. The results of the census for this purpose shall be those published on the basis of the data held by the relevant department one year after the last day of the census. 3. Part of the Parliament, comprising not more than one-twentieth of the total number of its members, may be elected on a uniform nationwide basis in proportion to the total votes won by each party throughout the country, as specified by law.” Article 108 “1. The State must be attentive to the situation of emigrant Greeks and to the maintenance of their ties with the homeland. The State shall also attend to the education and the social and professional advancement of Greeks working outside the State. 2. The law shall lay down arrangements relating to the organisation, operation and competences of the World Council of Hellenes Abroad, whose mission is to allow the full expression of Hellenism worldwide.” The second paragraph of Article 108 was added during the 2001 revision of the Constitution. 16. In 2001, Article 51 § 4 was amended as follows: “Parliamentary elections shall be held simultaneously throughout the country. The conditions governing the exercise of the right to vote by persons living outside the country may be specified by statute, adopted by a majority of two-thirds of the total number of members of parliament. Concerning such persons, the principle of holding elections simultaneously does not rule out the exercise of their right to vote by postal vote or other appropriate means, provided that the counting of votes and the announcement of the results are carried out at the same time as within the country.”

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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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