8
GROSARU v. ROMANIA JUDGMENT
Regulation 3
“For the purposes of validating mandates, the Chamber of Deputies shall elect, at its
first session, a committee comprising thirty deputies reflecting the political
composition of the Chamber, as this results from the constitution of parliamentary
groups.”
Regulation 6 § 51
“The Validation Commission shall examine any pending disputes and any which
have been examined in breach of the procedural provisions.”
B. Work of the European Commission for Democracy through Law
(“the Venice Commission”)
1. The Code of Good Practice in Electoral Matters
22. The Code of Good Practice in Electoral Matters was adopted by the
Venice Commission at its 51st plenary session held on 5 and 6 July 2002
and submitted to the Parliamentary Assembly of the Council of Europe on 6
November 2002. The relevant parts thereof read as follows:
3.3. An effective system of appeal
“If the electoral law provisions are to be more than just words on a page, failure to
comply with the electoral law must be open to challenge before an appeal body. This
applies in particular to the election results: individual citizens may challenge them on
the grounds of irregularities in the voting procedures. It also applies to decisions taken
before the elections, especially in connection with the right to vote, electoral registers
and standing for election, the validity of candidatures, compliance with the rules
governing the electoral campaign and access to the media or to party funding.
There are two possible solutions:
– appeals may be heard by the ordinary courts, a special court or the Constitutional
Court;
– appeals may be heard by an electoral commission. There is much to be said for
this latter system in that the commissions are highly specialised whereas the courts
tend to be less experienced with regard to electoral issues. As a precautionary
measure, however, it is desirable that there should be some form of judicial
supervision in place, making the higher commission the first appeal level and the
competent court the second.
Appeal to parliament, as the judge of its own election, is sometimes provided for but
could result in political decisions. It is acceptable as a first instance in places where it
is long established, but a judicial appeal should then be possible.
1
Corrected on 29 September 2010: the text was as follows: “Regulation 6 § 6”.