GROSARU v. ROMANIA JUDGMENT – SEPARATE OPINION 25 did not elaborate either on the submissions of the parties or on its own understanding of the notion of effectiveness of a remedy for the purposes of the applicant’s claim. I note in this regard that the 2002 Code of Good Practice in Electoral Matters of the Council of Europe’s Venice Commission accepts that an effective appeal can exist where such appeals are heard not only by courts but also by electoral commissions (see under Chapter 3.3 of the Code, cited in paragraph 22 of the judgment). I believe that the Court’s reference to the fact that no judicial appeal was available in general, and to the applicant in particular, is not sufficient to answer the question that Article 13 poses, namely whether there was a meaningful system of institutions and procedures that enabled the applicant to challenge in substance the fact that he was allegedly deprived of his mandate and to seek appropriate redress.

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