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6 SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT 19. The Scientific Council (Επιστημονικό Συμβούλιο) of Parliament is a consultative body reporting to the Speaker of Parliament. It comprises ten members, including professors of law, political science, economics, statistics and information technology, and an expert in international relations. It produced a report dated 31 March 2009 on the above-mentioned bill. The report noted that, in the past, some legal authorities had argued that Article 51 § 4 of the Constitution imposed upon the legislature an obligation to permit expatriate Greeks to exercise the right to vote from outside Greece. However, referring to other legal authorities and to the preparatory work for Article 51 § 4 of the Constitution, it asserted that it was an option rather than a duty for the legislature to permit the exercise of voting rights from abroad. It also took the view that the optional nature of the abovementioned provision of the Constitution had not been affected by the 2001 constitutional revision. 20. On 7 April 2009 the bill was rejected by Parliament since it failed to secure the majority of two-thirds of the total number of members of parliament required under Article 51 § 4 of the Constitution. The members of parliament, especially those on the opposition benches, referred in particular to the number of Greek citizens living abroad compared with the numbers resident in Greece, and to the implications this would have for the composition of the legislature. B. International law and practice 1. Texts adopted by the Parliamentary Assembly of the Council of Europe 21. The relevant texts adopted by the Parliamentary Assembly of the Council of Europe read as follows. (a) Resolution 1459 (2005) of the Parliamentary Assembly of the Council of Europe – Abolition of restrictions on the right to vote “... 2. In accordance with the opinion of the European Commission for Democracy through Law (Venice Commission) adopted in December 2004, [the Parliamentary Assembly] ... invites the member and observer States of the Organisation to reconsider all existing restrictions to electoral rights and to abolish all those that are no longer necessary and proportionate in pursuit of a legitimate aim. 3. The Assembly considers that, as a rule, priority should be given to granting effective, free and equal electoral rights to the highest possible number of citizens, without regard to their ethnic origin, health, status as members of the military or criminal record. Due regard should be given to the voting rights of citizens living abroad. ...

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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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