MÓŁKA v. POLAND DECISION
11
THE LAW
A. Alleged violation of Article 6 of the Convention
The applicant complained under Article 6 of the Convention about the
unfairness of the court proceedings. Article 6, in so far as relevant, provides:
“1. In the determination of his civil rights and obligations ..., everyone is entitled to
a fair and public hearing within a reasonable time by an independent and impartial
tribunal established by law.”
The Court notes that the impugned court proceedings involved the
determination of the electoral complaint lodged by the applicant, in which
he protested about having been deprived of his right to vote in the local
elections.
The Court considers that the dispute in question determined the
applicant’s political rights, not his “civil” rights within the meaning of
Article 6 of the Convention (see, in the context of local elections,
Cherepkov v. Russia (dec.), no. 51501/99, ECHR 2000-I, and, in the context
of parliamentary elections, Pierre-Bloch v. France, judgment of 21 October
1997, Reports of Judgments and Decisions 1997-VI, p. 2223, § 50).
Accordingly, Article 6 does not apply in the present case.
It follows that this part of the application is incompatible ratione
materiae with the provisions of the Convention within the meaning of
Article 35 § 3 and must be rejected in accordance with Article 35 § 4.
B. Alleged violation of Article 3 of Protocol No. 1 to the Convention
The applicant further alleged a breach of Article 3 of Protocol No. 1 to
the Convention, which provides:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
1. The Government’s submissions
The Government stressed that Article 3 of Protocol No. 1 to the
Convention applied only as far as elections to legislatures were concerned.
In their view, the municipal councils (rady gmin), the district councils (rady
powiatów) and the regional assemblies (sejmiki województw) could not be
considered “legislatures” within the meaning of Article 3 of Protocol No. 1.
The Government emphasised that the issue of the applicability of Article
3 of Protocol No. 1 to the election of local government organs had already
been examined by the European Commission of Human Rights. They
referred, inter alia, to the case of X. the United Kingdom (no. 5155/71,
Commission decision of 12 July 1976 DR 6, p. 13) in which, considering
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