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GROSARU v. ROMANIA JUDGMENT
opinion of the people as to the choice of legislative body. Article 13 of the
Convention provides:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
59. The Government submitted that an effective domestic remedy within
the meaning of Article 13 of the Convention had been available to the
applicant, namely, challenging the decision before the Central Electoral
Office, a body meeting the requirements laid down in the Court’s case-law.
They pointed out in that connection that, under Article 24 of Law
no. 68/1992, the Central Electoral Office was composed of seven judges of
the Supreme Court of Justice and sixteen representatives of the political
parties, that the judges were selected randomly, by the drawing of lots, that
the decisions of the office were reasoned, and that the members thereof
were able to formulate dissenting opinions.
60. Lastly, the Government argued that the Contracting States had a
wide margin of appreciation as regards Article 13 of the Convention (see
Wille v. Liechtenstein [GC], no. 28396/95, § 75, ECHR 1999-VII) and that
the legislative provisions of other States provided for the same domestic
remedy in that regard (see the case of Hungary).
61. The applicant submitted that the Central Electoral Office’s decision
of 2 December 2000 did not constitute an effective remedy. He argued that
that body was not impartial. In particular, he criticised it for being
composed of judges of the Supreme Court of Justice, which had thus
subsequently been influenced when refusing to examine his challenge.
Lastly, he submitted that the Government’s reference to supposedly similar
electoral legislation was irrelevant in the instant case, given the specific
status enjoyed by national minorities in Romania.
62. For the reasons set out in paragraphs 55 and 56 above, the Court
considers that there has also been a violation of Article 13 of the
Convention taken in conjunction with Article 3 of Protocol No. 1.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
63. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”