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GROSARU v. ROMANIA JUDGMENT
2. The Report on electoral law and electoral administration in Europe
23. The Report on electoral law and electoral administration in Europe
(“Synthesis study on recurrent challenges and problematic issues”) was
adopted by the Council for Democratic Elections at its 17th meeting
(Venice, 8-9 June 2006) and by the Venice Commission at its 67th plenary
session (Venice, 9-10 June 2006). The relevant parts thereof read as
follows:
XII. Election appeals and accountability for electoral violations
“167. Complaint and appeals procedures must be open at least to each voter,
candidate, and party. A reasonable quorum may, however, be imposed for appeals by
voters on the results of election (CDL-AD(2002)023rev, para. 99). In order to comply
with international standards, the complaint and appeals procedures should clearly
provide the following rights for voters, candidates, and political parties: the rights to
file a complaint, to present evidence in support of the complaint, to a public and fair
hearing on the complaint, to an impartial and transparent proceedings on the
complaint [sic], to an effective and speedy remedy, as well as to appeal an appellate
court if a remedy is denied (see for example CDL-AD(2004)027, para. 111). In
practice, however, these rights are not always respected. At times, even credible
complaints are left without any legal redress.
168. Due to different legal and political traditions, a variety of procedures are used
in the resolution of election disputes. In many established democracies in western
Europe (like France, Germany, Italy, or the United Kingdom) election appeals are
heard by ordinary administrative and judicial bodies operating under special
procedures. In contrast, in most emerging and new democracies in central and eastern
Europe (and in other regions of the world), the responsibility for deciding on election
complaints and appeals is shared between independent electoral commissions and
ordinary courts ...”
3. The Report on electoral law and national minorities
24. The Report on electoral law and national minorities was adopted by
the Venice Commission on 25 January 2000. It concerns the central element
of public life – participation in a State’s elected bodies, especially the
national legislature. Such participation is studied through electoral law and
the possibilities it gives members of national minorities of being present in
elected bodies.
Rules of electoral law which provide for special representation of
minorities are an exception. Of the States which replied to the
Commission’s questionnaire, only three (Croatia, Romania and Slovenia)
provided for the election of deputies intended to represent national
minorities. According to the report, Romania is the country where the
largest number of minority parties or organisations (treated as political
parties for electoral purposes) took part in elections and have deputies and
senators in the parliament.