An Odd Solution – Comments on the Margins of a Recent Debate on National Minority Suffrage: ECtHR judgement in Case Bakirdzi and E.C. v. Hungary

Authors

  • Elisabeth Sándor-Szalay University of Pécs, Faculty of Law, Department of International and European Law
  • Balázs Kiss Eötvös Lóránd University, Doctoral School of Law

Keywords:

effective participation in public affairs, electoral threshold, equal suffrage, national minority list, parliamentary election, preferential parliamentary representation, prohibition of discrimination, right to free choice, right to free elections, secret suffrage, suffrage

Abstract

This case note analyses the judgment of the European Court of Human Rights in the case of Bakirdzi and E.C. v. Hungary. The judgment pertains to the effective participation of minorities in public affairs in the context of electoral rights. In its ruling, the ECtHR found a violation of Article 3 of the First Additional Protocol to the ECHR, read alone and in conjunction with Article 14 of the Convention. The judgment underlines important principles as to preferential arrangements regarding the participation of national minorities in the electoral process.

Author Biographies

Elisabeth Sándor-Szalay, University of Pécs, Faculty of Law, Department of International and European Law

University Professor

Balázs Kiss, Eötvös Lóránd University, Doctoral School of Law

Doctoral Student

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Published

2023-05-16

Issue

Section

Case notes and analysis