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THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
69. In order to achieve an adequate balance between political
representatives in the commission, there are some systems which provide
specific rules. For instance, in Bulgaria and Serbia, no political party or
coalition may have a majority within the commission. In Bulgaria, the
chairman and the secretary must belong to different political parties. In the
Czech Republic, the chairman and the vice-chairman of an electoral board
may not be representatives of the same political party or coalition.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL NO. 1
70. The applicant party complained under Article 3 of Protocol No. 1
about the system of voter registration as set out in CEC Decree no. 30/2004
of 27 February 2004. It further challenged the presidential control over
electoral commissions at all levels at the time of the repeat parliamentary
election of 28 March 2004. Lastly, the applicant party complained that the
countrywide election had been finalised by the vote tally of 18 April 2004
without elections having been held in the Khulo and Kobuleti electoral
districts.
71. Article 3 of Protocol No. 1 provides as follows:
“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.”
A. The applicant party’s victim status
72. The Court reiterates that, under its case-law, the notion of
“individual rights” (see Aziz v. Cyprus, no. 69949/01, § 25, ECHR 2004-V,
and Ždanoka v. Latvia [GC], no. 58278/00, § 102, ECHR 2006-IV) or
“subjective rights” (see Melnychenko v. Ukraine, no. 17707/02, § 54, ECHR
2004-X) to stand for election under Article 3 of Protocol No. 1 have mostly
been confined to physical persons. However, it has been recently accepted
that, when electoral legislation or the measures taken by national authorities
restrict individual candidates’ right to stand for election through a party list,
the relevant party, as a corporate entity, could claim to be a victim under
Article 3 of Protocol No. 1 independently of its candidates (see Russian
Conservative Party of Entrepreneurs and Others v. Russia, nos. 55066/00
and 55638/00, §§ 53-67, 11 January 2007.).
73. As to the circumstances of the present case, the Court observes that,
pursuant to Article 106 § 7 of the EC, if an MP elected through a party list