GROSARU v. ROMANIA JUDGMENT
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jurisdictions and they have a limited lifespan (the time-limit for an appeal
following the publication of the results), but they enjoy exclusive
jurisdiction in electoral disputes. Specific bodies of this kind have been set
up in the following countries: Albania (electoral chamber of the Tirana
Court of Appeal), Greece (Special Supreme Court, specialising in certain
types of dispute, including electoral disputes), Sweden (Electoral Review
Board) and the United Kingdom (Election Court).
4. Appeal to the executive
35. Only one case is known – that of Switzerland (challenge before the
cantonal government). This is the result of the country’s history and federal
tradition; however, the powers of the cantonal government go hand in hand
with validation by the Conseil national (Parliament) of its own powers and
appeal to the Federal Court since 2005.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1
36. The applicant complained that the authorities had refused to allocate
him a seat as an MP representing the Italian minority in the parliamentary
elections of 2000. He relied on Article 3 of Protocol No. 1, which provides:
“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. The parties’ submissions
37. The Government submitted at the outset that according to the
Court’s case-law, the Contracting States enjoy a wide margin of
appreciation in electoral matters. They argued that the conditions laid down
by the legislation in force at the material time (the Constitution and Law
no. 68/1992 on elections to the Chamber of Deputies and to the Senate –
“Law no. 68/1992”) for the representation of minorities in Parliament were
minimal, that they pursued a legitimate aim and that the means used to
attain that aim were not disproportionate.
38. The Government argued that in its decision of 2 December 2000, the
Central Electoral Office had correctly interpreted the relevant legislative
provisions relating to the election of MPs representing national minorities.
Thus, the Office had rightly held that the seat should be allocated to the