GROSARU v. ROMANIA JUDGMENT
19
54. Moreover, the Court notes that the Central Electoral Office and the
Chamber of Deputies Validation Commission examined the applicant’s
challenge and rejected it as being ill-founded. In the Court’s opinion,
however, an individual whose appointment as an MP has been rejected has
legitimate grounds to fear that the large majority of members of the body
having examined the lawfulness of the elections, more specifically the
members representing the other political parties of the Central Electoral
Office, may have an interest contrary to his own. The rules of composition
of that body, made up of a large number of members representing political
parties, do not therefore appear to be such as to provide a sufficient
guarantee of impartiality. The same conclusion holds good a fortiori for the
Chamber of Deputies Validation Commission.
55. Furthermore, the Court notes that no national court ruled on the
interpretation of the legal provision at issue. Thus, the Supreme Court of
Justice rejected the applicant’s challenge as being inadmissible, considering
that the decisions of the Central Electoral Office were final. Subsequently,
the Constitutional Court informed the applicant that it had no jurisdiction in
electoral matters. In that connection, the Court points out that in Babenko
(cited above), it had ruled that the fact that the applicant’s allegations had
been examined in the context of judicial proceedings was significant.
56. That approach has, moreover, been confirmed by the Venice
Commission in its Code of Good Practice in Electoral Matters, which
recommends judicial review of the application of electoral rules, possibly in
addition to appeals to the electoral commissions or before parliament (see
paragraph 22 above). The comparative-law materials also show that several
Council of Europe member States have adopted judicial review and only a
few States still maintain purely political supervision of elections (see
paragraph 28 above).
57. In those circumstances, the Court considers that the lack of clarity of
the electoral law as regards national minorities and the lack of sufficient
guarantees as to the impartiality of the bodies responsible for examining the
applicant’s challenges impaired the very essence of the rights guaranteed by
Article 3 of Protocol No. 1.
There has therefore been a violation of that Article.
II. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
TAKEN IN CONJUNCTION WITH ARTICLE 3 OF PROTOCOL
No. 1
58. Relying in substance on Article 13 of the Convention taken in
conjunction with Article 3 of Protocol No. 1, the applicant complained that
he had had no effective remedy by which to challenge the authorities’
refusal to allocate him the parliamentary seat for the Italian minority and, as
a result, that there had been a violation of the freedom of expression of the