GROSARU v. ROMANIA JUDGMENT
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Other systems, while not necessarily guaranteeing the presence of
members of national minorities in the elected bodies, facilitate the
representation of minority organisations. In Germany and Poland, threshold
rules do not apply to such organisations.
The Belgian system is specific. The body of institutions is conceived in
such a way as to establish a balance between the different linguistic groups
(rather than between minorities in the strict sense). Moreover, in certain
areas which are mixed from a linguistic point of view, adjustments have
been made so that electors from different linguistic communities are
represented in the elected body.
In most cases, however, the representation of minorities in an elected
body is achieved through the application of the ordinary rules of electoral
law, which treat people belonging to national minorities and others in the
same way.
C. Lund recommendations on the effective participation of national
minorities in public life
25. The Lund recommendations were adopted in Lund (Sweden) in
September 1999 by a group of international experts under the aegis of the
High Commissioner on National Minorities of the Organization for Security
and Co-operation in Europe (OSCE). The relevant parts of those
recommendations read as follows:
B. Elections
“(7) Experience in Europe and elsewhere demonstrates the importance of the
electoral process for facilitating the participation of minorities in the political sphere.
States shall guarantee the right of persons belonging to national minorities to take part
in the conduct of public affairs, including through the rights to vote and stand for
office without discrimination.
(8) The regulation of the grouping and activity of political parties shall comply with
the international law principle of freedom of association. This principle includes the
freedom to establish political parties based on communal identities as well as those
not identified exclusively with the interests of a specific community.
(9) The electoral system should facilitate minority representation and influence.
– Where minorities are concentrated territorially, single-member districts may
provide sufficient minority representation.
– Proportional representation systems, where a political party’s share in the national
vote is reflected in its share of the legislative seats, may assist in the representation of
minorities.
– Some forms of preference voting, where voters rank candidates in order of choice,
may facilitate minority representation and promote inter-communal cooperation.