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Mironescu v. Romania, No. 17504/18, ECtHR (Fourth Section), 30 November 2021

Date
30/11/2021
Type Judgment
Case number 17504/18

Abstract

Unjustified restriction of the right to vote for persons serving a prison sentence outside the constituency of their place of residence.

Normative references

Art. 3, Prot. 1 ECHR

Ruling

1. An electoral system which imposes a territorial link between voters and their elected representatives shall pursue a legitimate aim compatible with the principle of the rule of law and the general objectives of the Convention.

2. While the Romanian legislation allows prisoners convicted of minor offences to exercise their right to vote in elections, it also restricts that right by preventing them from voting if the prison sentence is served in a prison situated in an electoral district other than that of their domicile or residence. Such a provision is contrary to Article 3 of Prot. 1 of the ECHR, since it unjustifiably restricts the right to vote of some prisoners, creating an unjustified difference in treatment between them. 
(The applicant complained that he was unable to vote in parliamentary elections while serving a sentence in a prison situated outside the electoral district of his place of residence).