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.