GROSARU v. ROMANIA JUDGMENT
15
Italian organisation having secured the largest number of votes in a single
constituency, in the instant case, the Italian Community of Romania. The
applicant represented the Association of Italians of Romania.
39. Lastly, the Government pointed out that the representation of
minorities in the Romanian Parliament was an important issue. That had
also been noted by the Venice Commission in its Report on electoral law
and national minorities of 25 January 2000 and in its Opinion on the draft
law on the status of national minorities living in Romania of 2005.
Accordingly, in the parliamentary elections of 2000, national minorities had
been allocated 45 seats out of a total of 341 and, in the municipal elections,
hundreds of mayors and departmental and local councillors from national
minorities had been elected.
40. The applicant claimed that the Association of Italians of Romania, of
which he was a member, and the Italian Community of Romania had signed
an alliance agreement validated by the Central Electoral Office, under
which the Association of Italians of Romania would take part in the
elections using its electoral emblem and the Italian Community of Romania
would take part using its name. Therefore, in the parliamentary elections of
2000 he had been a member of the same organisation as Ms Ileana Stana
Ionescu, namely, the Italian Community of Romania.
41. The applicant argued that the Central Electoral Office’s
interpretation of the electoral provisions failed even to recognise the
possibility afforded by law to minority representatives to submit a list in
more than one constituency, in accordance with the principle of
representation at national level. Furthermore, he argued that a parliamentary
seat was allocated to minorities having obtained at least 5% of validly cast
votes at national level for the election of an MP, in addition to the number
of MPs elected according to the rules of representation.
B. The Court’s assessment
1. Principles established by the Court’s case-law
42. The Court reiterates that Article 3 of Protocol No. 1 differs from
other rights guaranteed by the Convention and its Protocols as it is phrased
in terms of the obligation of the High Contracting Party to hold elections
which ensure the free expression of the opinion of the people rather than in
terms of a particular right or freedom. However, having regard to the
preparatory work to Article 3 of Protocol No. 1 and the interpretation of the
provision in the context of the Convention as a whole, the Court has
established that this provision also implies individual rights, including the
right to vote and to stand for election (see Mathieu-Mohin and Clerfayt v.
Belgium, 2 March 1987, §§ 46-51, Series A no. 113, and Ždanoka v. Latvia
[GC], no. 58278/00, § 102, ECHR 2006-IV).