CĂLIN GEORGESCU v. ROMANIA DECISION
meaning of Article 6 § 1 of the Convention. Accordingly, the Court finds that
Article 6 of the Convention is not applicable to these proceedings.
30. It follows that the complaint under Article 6 of the Convention is
incompatible ratione materiae with the provisions of the Convention within
the meaning of Article 35 § 3 a) and must be rejected pursuant to
Article 35 § 4 of the Convention.
31. Given these findings, the applicant does not have an “arguable claim”
under Article 13. Therefore, the complaint raised under this Article is
similarly incompatible ratione materiae with the provisions of the
Convention and must be rejected pursuant to Article 35 §§ 3 (a) and 4 of the
Convention.
C. As regards the complaints under Articles 10 and 11 of the
Convention
32. Relying on Articles 10 and 11 of the Convention, the applicant alleged
that the Constitutional Court’s decision no. 32 of 6 December 2024 was the
result of political interference by “the ruling party” in charge of the electoral
process and that it undermined the freedom to participate in the democratic
process, particularly the freedom of political association.
33. The Court recalls that the wording of Article 34 indicates that a
“claim” or complaint in Convention terms comprises two elements, namely
factual allegations (i.e. to the effect that the claimant is the “victim” of an act
or omission – see Eckle v. Germany, 15 July 1982, § 66, Series A no. 51) and
the legal arguments underpinning them (i.e. that the said act or omission
entailed a “violation by [a] Contracting Party of the rights set forth in the
Convention or the Protocols thereto”). These two elements are intertwined
because the facts complained of ought to be seen in the light of the legal
arguments adduced and vice versa (see Radomilja and Others v. Croatia
[GC], nos. 37685/10 and 22768/12, § 110, 20 March 2018).
34. The Court notes that the applicant did not raise any factual and legal
arguments in support of his complaints under Articles 10 and 11 of the
Convention.
35. The Court would point out that it is not for it to speculate on the
substance of an applicant’s complaints, especially if he or she is represented
by a lawyer of his own choosing, as in the present case. Insofar as the
complaints, in the light of the scarce elements put forward by the applicant,
could be understood as concerning his alleged inability to participate in the
electoral process, the Court considers that that is an aspect already examined
under Article 3 of Protocol No. 1 to the Convention (see paragraphs 21-27
above). As regards the freedom to political association that he also mentioned
without any further details, the Court observes that the applicant was an
independent candidate in the elections for the President of Romania (see
paragraph 2 above).
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