GROSARU v. ROMANIA JUDGMENT
3
14. On 4 December 2000 the applicant submitted his case to the
Constitutional Court. By a letter of 11 December 2000, in which reference
was made to Article 21 of the Romanian Constitution guaranteeing free
access to the courts, the court informed the applicant that it did not have
jurisdiction in matters concerning electoral disputes.
15. On 4 December 2000 the applicant lodged an appeal with the
Supreme Court of Justice. By a decision of 13 December 2000, that court
declared the appeal inadmissible on the ground that the decisions of the
Central Electoral Office were final.
16. On 8 December 2000 the applicant repeated his challenge in a
submission to the Chamber of Deputies Validation Commission, but was
unsuccessful. The transcript of the Chamber of Deputies’ session of
15 December 2000, published on the website of that institution, shows that
the applicant’s challenge was rejected on the same ground as that put
forward by the Central Electoral Office.
17. In the parliamentary elections of 2004 and 2008 the applicant was
elected MP for the Italian minority in Romania.
II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND
PRACTICE
A. Domestic law
1. The Romanian Constitution (in force at the material time)
Election of the Chambers
Article 59
“(1) The Chamber of Deputies and the Senate are elected by universal, equal,
direct, secret and free suffrage, in accordance with electoral law.
(2) Organisations of citizens belonging to national minorities which fail to obtain
the number of votes necessary for representation in Parliament each have the right to
one Chamber of Deputies seat, in accordance with the provisions of electoral
legislation. Citizens of a national minority can be represented by one organisation
only.
...”
2. Law no. 68/1992 of 15 July 1992 on elections to the Chamber of
Deputies and to the Senate
18. The relevant Articles of this Law, in force at the material time,
provide: