DANIS AND ASSOCIATION OF ETHNIC TURKS v. ROMANIA - 16632/09 - Chamber Judgment (French Text) [2015] ECHR 399 (21 April 2015)

DANIS AND ASSOCIATION OF ETHNIC TURKS v. ROMANIA - 16632/09 - Chamber Judgment (French Text) [2015] ECHR 399 (21 April 2015)

The imposition of a new eligibility condition (public utility status) on minority organizations not represented in Parliament, introduced only seven months before elections, placed the applicants in an objective impossibility to comply, resulting in disproportionate treatment and discrimination contrary to Article 14 of the Convention combined with Article 3 of Protocol No. 1.

Citation
[2015] ECHR 399
Parties
Applicant: Sabit Danis; Applicant: Association des personnes d’origine turque (Asociaţia etnicilor turci); Respondent: Romania
Jurisdiction
European Union
Judgment Date
21 April 2015
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Discrimination, Minority Rights, Electoral Eligibility, Fair Elections
Human Rights Constitutional Law Electoral Law Discrimination Minority Rights Electoral Eligibility Fair Elections

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Parties

Sabit Danis

Applicant

Association des personnes d’origine turque (Asociaţia etnicilor turci)

Applicant

Romania

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the new electoral law imposed discriminatory eligibility conditions on minority organizations not represented in Parliament
  2. 2 Whether the applicants were objectively unable to fulfill the new eligibility condition for parliamentary candidacy
  3. 3 Whether the difference in treatment violated Article 14 of the Convention combined with Article 3 of Protocol No. 1

Ratio Decidendi

The imposition of a new eligibility condition (public utility status) on minority organizations not represented in Parliament, introduced only seven months before elections, placed the applicants in an objective impossibility to comply, resulting in disproportionate treatment and discrimination contrary to Article 14 of the Convention combined with Article 3 of Protocol No. 1.

Court Disposition

violation found

Orders

  • The application is declared admissible as to Article 14 combined with Article 3 of Protocol No. 1, inadmissible as to the remainder.
  • There is a violation of Article 14 combined with Article 3 of Protocol No. 1.