2
GROSARU v. ROMANIA JUDGMENT
list containing the applicant’s name in nineteen of the forty-two
constituencies.
8. Once the votes had been counted, the Central Electoral Office
decided, on the basis of Article 4 of Law no. 68/1992 on elections to the
Chamber of Deputies and to the Senate (“Law no. 68/1992”), to allocate the
parliamentary seat belonging to the Italian minority to the Italian
Community of Romania, which had secured 21,263 votes at national level.
9. Although at national level the applicant had secured 5,624 votes out
of a total of 21,263, the Central Electoral Office allocated the parliamentary
seat to another member of the Italian Community of Romania, Ms Ileana
Stana Ionescu, who had stood for election on another single-candidate list
and had secured only 2,943 votes, but in a single constituency.
10. On 1 December 2000 the applicant challenged the decision
allocating the parliamentary seat before the Central Electoral Office. On
2 December 2000 the Office dismissed his challenge by a majority. That
decision was signed by six judges and six representatives of political
parties.
11. The relevant parts of that decision read:
“In accordance with Article 4 § 2 of Law no. 68/1992, as amended and
supplemented, organisations of citizens belonging to national minorities participating
in elections are accorded the same legal status as political parties for the purposes of
the electoral process.
With regard to the Italian minority, the votes were centralised and the parliamentary
seats were allocated, in accordance with Article 66 of the Law, to the organisation
having secured the greatest number of votes and on the basis of the order of
candidates appearing on that organisation’s winning list, there being no provision in
law for individual nomination.
It should be specified that the government’s Emergency Ordinance no. 165 of
15 [sic] October 2000 granting national minorities the right to submit the same list of
candidates for the Chamber of Deputies in more than one constituency does not
infringe the principle of parliamentary seats being allocated by constituency, the basis
of that regulation being to determine, in such instances, the ethnic minority
organisation having the largest number of votes, and not to breach the principle of
territorial representation in elections.”
12. In a dissenting opinion, a representative of a political party
submitted that Article 68 § 1 (g) of Law no. 68/1992 should be interpreted
to mean that in the case of a given ethnic minority, the parliamentary seat
should be allocated to the first candidate on the organisation’s national list
having gained the most votes, again at national level.
13. On 2 December 2000 the applicant lodged an appeal with the Central
Electoral Office against its decision of the same date. On 3 December 2000
the Office, sitting as a panel composed of six judges and twelve
representatives of political parties, declared the appeal inadmissible on the
ground that its decisions were final.