MÓŁKA v. POLAND DECISION
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Minister, may dissolve any municipal council, district council or regional
assembly.
The Court concludes that the municipal councils, district councils and
regional assemblies do not possess any inherent primary rulemaking powers
and do not form part of the legislature of the Republic of Poland.
Accordingly, Article 3 of Protocol No. 1 is not applicable to elections to
those organs.
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.
C. Alleged violation of Article 8 of the Convention
In respect of the applicant’s allegation that he was deprived of his right to
vote on account of his disability, the Court raised of its own motion a
complaint under Article 8 of the Convention. This provision reads:
“1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
1. The parties’ submissions
The Government argued that in the present case no issue arose under
Article 8 of the Convention as the facts of the case did not fall within the
scope of that provision. They also submitted that participation in local
government elections did not constitute an integral part of the applicant’s
private life.
The applicant maintained that his right to respect for his private life had
been breached.
2. The Court’s assessment
The first question which arises is whether the facts of the case, in
particular the lack of appropriate access for the applicant to a polling station
in local elections, fall within the scope of the concept of “respect” for
“private life” set forth in Article 8 of the Convention.
In the present case the Article 8 complaint is related in substance not to
an action, but to a lack of action by the State. The Court reiterates that while
the essential object of Article 8 is to protect the individual against arbitrary
interference by the public authorities, it does not merely compel the State to
abstain from such interference: in addition to this negative undertaking,
there may be positive obligations inherent in effective “respect” for private
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