102. The Court notes that, from the point of view of proportionality, the postponement
of elections must be a last resort, without which it will not be possible to protect
the health and lives of the people and ensure the integrity of the electoral
process.40 In that sense, the period of postponement must be strictly necessary
to create the conditions that are required for the elections to take place under
the best possible conditions, in accordance with acceptable international
standards in the context of an emergency.
103. Lastly, the Court considers that the deferral period cannot be used to undermine
the obligation of regular legitimization of the elected officials and become a form
of unduly prolonging their term of office.
ii.
Applicable standards in the event the term of office of the elected
officials expires without elections having been held
104. The Court notes that elections can be postponed and still be held before the
end of the term of office of the elected officials. In that case, it is only the
electoral timetable that has changed, without this implying the expiration of the
term of office and the consequent lapse of the organs. In cases where elections
are held after the end of the term of office of the organs or the electoral process
is completed afterwards, there is a situation of expiration of the organs. The
question then arises as to how the problem of the apparent vacancy of power is
to be solved.
105. The Court recalls that it has already stated above that the details for the exercise
of the right of citizens to participate in the government of their countries are
governed by domestic law. It is therefore for the latter to define the legal regime
applicable when the term of office of elected officials expires. In other words, it
is up to the law to define whether interim replacement mechanisms are
40
Ibidem, § 4.
30