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Dissenting opinion of Judges Wojtyczek in the case of Zornić v. Bosnia and Herzegovina, No. 3681/06, ECtHR (Fourth Section), 15 July 2014

Date
15/07/2014
Type Dissenting opinions
Case number 3681/06

Abstract

Impossibility for Bosnian citizens not belonging to the "constituent peoples" to run for the Presidency.

Normative references

Art. 14 ECHR
Art. 3 Prot. 1 ECHR
Art. 1 Prot. 12 ECHR

Ruling

1. The impossibility for a citizen to be able to stand for election, just because he does not belong to one of the majority ethnic groups, constitutes a violation of the general prohibition of discrimination laid down by art. 1 Prot. 12 ECHR.

2. In the same way, however, from art. 3 Prot. 1 of the ECHR it is not possible to derive a general right of passive electorate, since each State, with its own electoral law, has the right to freely establish the procedures for electing its own institutional bodies.