SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT
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7. Given the importance of the right to vote in a democratic society, the member
countries of the Council of Europe should enable their citizens living abroad to vote
during national elections bearing in mind the complexity of different electoral
systems. They should take appropriate measures to facilitate the exercise of such
voting rights as much as possible, in particular by considering absentee (postal),
consular or e-voting, consistent with Recommendation Rec(2004)11 of the Committee
of Ministers to member States on legal, operational and technical standards for
e-voting. Member States should cooperate with one another for this purpose and
refrain from placing unnecessary obstacles in the path of the effective exercise of the
voting rights of foreign nationals residing on their territories.
...
11. The Assembly therefore invites:
i. the Council of Europe member and observer States concerned to:
...
b. grant electoral rights to all their citizens (nationals), without imposing residency
requirements;
c. facilitate the exercise of expatriates’ electoral rights by providing for absentee
voting procedures (postal and/or consular voting) and considering the introduction of
e-voting consistent with Recommendation Rec(2004)11 of the Committee of
Ministers and to cooperate with one another to this end;
...”
(b) Recommendation 1714 (2005) of the Parliamentary Assembly of the
Council of Europe – Abolition of restrictions on the right to vote
“1. Referring to its Resolution 1459 (2005) on the abolition of restrictions on the
right to vote, the Parliamentary Assembly calls upon the Committee of Ministers to:
i. appeal to member and observer States to:
a. sign and ratify the 1992 Council of Europe Convention on the Participation of
Foreigners in Public Life at Local Level (ETS No. 144) and to grant active and
passive electoral rights in local elections to all legal residents; and
b. reconsider existing restrictions on electoral rights of prisoners and members of
the military, with a view to abolishing all those that are no longer necessary and
proportionate in pursuit of a legitimate aim;
ii. invite the competent services of the Council of Europe, in particular the
European Commission for Democracy through Law (Venice Commission) and its
Council for Democratic Elections, to develop their activities aimed at improving the
conditions for the effective exercise of election rights by groups facing special
difficulties, such as expatriates, prison inmates, persons who have been convicted of a
criminal offence, residents of nursing homes, soldiers or nomadic groups;
iii. review existing instruments with a view to assessing the possible need for a
Council of Europe convention to improve international cooperation with a view to
facilitating the exercise of electoral rights of expatriates.”