Grosaru v. Romania, No. 78039/01, ECtHR (Third Section), 2 March 2010

Post-election dispute concerning parliamentary representation of a national minority.

Art. 3, Prot. 1 ECHR
Art. 13 ECHR

1. The rights guaranteed in Article 3 of Prot. 1 are fundamental to establishing and maintaining the foundations of an effective democracy in which the rule of law prevails. However, these rights are not absolute. There is room for "implied limitations", and States Parties must have a margin of appreciation in this sphere.

2.  Electoral rights also include the right to an effective appeal against the decisions of the electoral authorities. This translates into the need to guarantee the independence of the body to which the appeal is addressed.
(The appellant, despite having obtained the highest number of votes at national level among candidates from national minorities in Romania, was not allocated the parliamentary seat reserved for those minorities by the Central Electoral Office).