Frodl - 20201/04 [2011] ECHR 1572 (14 September 2011)

Frodl - 20201/04 [2011] ECHR 1572 (14 September 2011)

Austria's previous automatic disenfranchisement of prisoners was incompatible with the Convention; compliance required legislative amendment to ensure disenfranchisement is subject to judicial decision and proportionality review.

Citation
[2011] ECHR 1572
Parties
Applicant: Frodl; Respondent: Austria
Jurisdiction
European Union
Judgment Date
14 September 2011
Procedural Posture
European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure
Outcome
Supervision closed; Austria complied with the judgment.
Legal Topics
Prisoner Voting Rights, Disenfranchisement, Execution of Ect HR Judgments
Human Rights Law Constitutional Law Electoral Law Prisoner Voting Rights Disenfranchisement Execution of Ect HR Judgments

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Parties

Frodl

Applicant

Austria

Respondent

Procedural Posture

European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure

Legal Issues

  1. 1 Whether Austria's automatic disenfranchisement of prisoners violated the European Convention on Human Rights
  2. 2 What measures are required to remedy the violation and prevent recurrence

Ratio Decidendi

Austria's previous automatic disenfranchisement of prisoners was incompatible with the Convention; compliance required legislative amendment to ensure disenfranchisement is subject to judicial decision and proportionality review.

Court Disposition

Supervision closed; Austria complied with the judgment.

Orders

  • Austria paid just satisfaction to the applicant.
  • Austria amended its electoral code to require judicial decision for disenfranchisement.