GROSARU v. ROMANIA JUDGMENT
1
In the case of Grosaru v. Romania,
The European Court of Human Rights (Third Section), sitting as a
Chamber composed of:
Josep Casadevall, President,
Elisabet Fura,
Corneliu Bîrsan,
Alvina Gyulumyan,
Egbert Myjer,
Ineta Ziemele,
Ann Power, judges,
and Santiago Quesada, Section Registrar,
Having deliberated in private on 2 February 2010,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 78039/01) against Romania
lodged with the Court under Article 34 of the Convention for the Protection
of Human Rights and Fundamental Freedoms (“the Convention”) by a
Romanian national, Mr Mircea Grosaru (“the applicant”), on 30 April 2001.
2. The Romanian Government (“the Government”) were represented by
their Agent, Mr R.-H. Radu, of the Ministry of Foreign Affairs.
3. The applicant claimed to be a victim of a violation of his rights under
Article 13 of the Convention and Article 3 of Protocol No. 1 as a result of
having been refused a seat as a member of parliament (MP) representing the
Italian minority in Romania.
4. By a decision of 25 November 2008, the Court declared the
application partly admissible.
5. The Government, but not the applicant, filed additional observations
(Rule 59 § 1 of the Rules of Court).
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
6. The applicant was born in 1952 and lives in Bucharest.
7. As a member of the Association of Italians of Romania, he stood as a
candidate in the parliamentary elections of 26 November 2000 for the
Italian Community of Romania, one of the organisations representing the
Italian minority in Romania. That organisation submitted a single-candidate