THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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3. The Court’s assessment
82. The Court considers that the proper management of electoral rolls is
a pre-condition for a free and fair ballot. Permitting all eligible voters to be
registered preserves, inter alia, the principles of universality and the
equality of the vote, and maintains general confidence in the State
administration of electoral processes. The inaccuracy of electoral rolls may,
in the eyes of the Court, seriously taint the effectiveness and practicability
of electoral rights under Article 3 of Protocol No. 1 (see, mutatis mutandis,
Melnychenko, cited above, § 59).
83. In particular, a deficient electoral roll would affect a priori voters’
rights, which, admittedly, is not the issue in the instant case. However, the
effectiveness of the right to stand for election is undoubtedly contingent
upon the fair exercise of the right to vote. Thus, if an electoral roll omits to
include some voters and/or allows the multi-registration of others, such
mismanagement would not only undermine voters’ interests but could also
diminish the candidates’ chances to stand equally and fairly for election.
The Court thus finds that a sufficiently close causal link exists between the
applicant party’s right to stand in the repeat parliamentary election of
28 March 2004 and its complaint about the voter registration system
prevailing at that time.
84. The applicant party mainly complained that the CEC had exceeded
its authority and breached the EC by issuing the impugned Decree
no. 30/2004 of 27 February 2004. However, it should be recalled that the
Court’s competence to verify the compliance of national authorities’
decisions with domestic law is limited (see Håkansson and Sturesson v.
Sweden, 21 February 1990, § 47, Series A no. 171-A). Furthermore, it is not
for the Court to take the place of the domestic courts, which are best suited
for resolving problems of the interpretation of domestic legislation (see
Waite and Kennedy v. Germany [GC], no. 26083/94, § 54, ECHR 1999-I).
Its real task, in the present case, is not to pronounce on the compliance of
the CEC Decree with the domestic law, but to examine whether the active
system of voter registration was, in all the circumstances, compatible with
the applicant party’s right to stand for election (see, mutatis mutandis,
Melnychenko, cited above, § 60).
85. Taking into account the findings of the OSCE/ODIHR Election
Observation Mission Report on the Parliamentary Election of 2 November
2003 (see paragraph 49 above), the Court endorses the Government’s
opinion that one of the main reasons for the failure of the parliamentary
election of 2 November 2003 was the absence of accurate electoral rolls. As
disclosed by the above-mentioned Report, the electoral rolls, as they stood
at the material time, omitted “entire apartment blocks or streets”, listed
many deceased persons, contained a large number of duplicate entries, listed
voters in the wrong districts, and so on. Another problem was that the PECs
“failed to display lists in a systematic or practical manner”. The Court, in