ANATOLIY MARINOV v. BULGARIA JUDGMENT
B. Legal incapacitation
15. The relevant provisions related to the legal status of persons placed
under partial guardianship and their representation before the courts, as well
as to the procedures for placement under partial guardianship and for
restoration of legal capacity have been summarised in Stanev v. Bulgaria
([GC] no. 36760/06, §§ 42-47, and 51-52, ECHR 2012). In execution of this
latter judgment, the Bulgarian authorities have enacted a number of
legislative amendments among which the introduction, on 27 October 2017
under Article 340 (2) of the 2007 Civil Procedure Code, of the right to a direct
access to a court for the persons placed under guardianship (запрещение) in
order to request the restoration of their legal capacity.
II. INTERNATIONAL AND EUROPEAN LEGAL INSTRUMENTS AND
COMPARATIVE PRACTICE
16. The relevant international and European material concerning the right
to vote of individuals deprived of legal capacity have been summarised in
Strøbye and Rosenlind v. Denmark (nos. 25802/18 and 27338/18, §§ 66-71,
2 February 2021) and Caamaño Valle v. Spain (no. 43564/17, §§ 21-28,
11 May 2021).
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL NO. 1 TO
THE CONVENTION
17. The applicant complained that his disenfranchisement on account of
his being placed under guardianship had been in violation of his rights under
Article 3 of Protocol No. 1 to the Convention, which reads as follows:
Article 3 of Protocol No. 1
“The High Contracting Parties undertake to hold free elections at reasonable intervals
by secret ballot, under conditions which will ensure the free expression of the opinion
of the people in the choice of the legislature.”
A. Admissibility
1. The parties’ submissions
18. The Government raised three preliminary objections, whereas the
applicant maintained that the case should be examined on the merits.
19. The Government firstly raised doubts about the validity of the
applicant’s representation before the Court, arguing that the signature that
appeared on the contract for legal services (submitted together with the
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