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SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT
69. As regards restrictions on expatriate voting rights based on the
criterion of residence, the Convention institutions have accepted in the past
that these might be justified by several factors: firstly, the presumption that
non-resident citizens are less directly or less continually concerned with
their country’s day-to-day problems and have less knowledge of them;
secondly, the fact that non-resident citizens have less influence on the
selection of candidates or on the formulation of their electoral programmes;
thirdly, the close connection between the right to vote in parliamentary
elections and the fact of being directly affected by the acts of the political
bodies so elected; and, fourthly, the legitimate concern the legislature may
have to limit the influence of citizens living abroad in elections on issues
which, while admittedly fundamental, primarily affect persons living in the
country (see Hilbe, cited above; see also X and Association Y v. Italy,
no. 8987/80, Commission decision of 6 May 1981, Decisions and Reports
(DR) 24, p. 192, and Polacco and Garofalo v. Italy, no. 23450/94,
Commission decision of 15 September 1997, DR 90-A, p. 5). More
recently, the Court has taken the view that having to satisfy a residence or
length-of-residence requirement in order to have or exercise the right to vote
in elections is not, in principle, an arbitrary restriction of the right to vote
and is therefore not incompatible with Article 3 of Protocol No. 1 (see
Doyle v. the United Kingdom (dec.), no. 30158/06, 6 February 2007).
2. Application of these principles to the present case
70. The Court observes at the outset that the applicants complained that
the Greek legislature had not to date made the necessary arrangements
enabling Greek expatriates to vote in parliamentary elections from their
current place of residence. Accordingly, the complaint does not concern the
recognition of expatriates’ right to vote as such, the principle of which is
already recognised by Article 51 § 4 of the Greek Constitution in
conjunction with Article 4 of Presidential Decree no. 96/2007, but rather the
conditions governing the exercise of that right. Like the Chamber, the Grand
Chamber is therefore of the view that its task consists in examining whether,
despite the failure to enact legislation on the conditions for exercising the
right to vote, the Greek electoral system, in the instant case, nevertheless
permitted “the free expression of the opinion of the people” and preserved
“the very essence of the ... right to vote”, as required by Article 3 of
Protocol No. 1 (see Matthews v. the United Kingdom [GC], no. 24833/94,
§ 65, ECHR 1999-I). It will conduct its examination in the light of the
broader question as to whether Article 3 of Protocol No. 1 places States
under an obligation to introduce a system enabling expatriate citizens to
exercise their voting rights from abroad.
71. In general terms, Article 3 of Protocol No. 1 does not provide for the
implementation by Contracting States of measures to allow expatriates to
exercise their right to vote from their place of residence. Nevertheless, since