In 2021, Germany faces important general elections both at the state and the federal level. Holding elections in the middle of a pandemic is challenging. Organizing free and fair elections is even more so. But when is the election free and fair? This piece presents the answers given by the European Convention on Human Rights (Convention) and its authoritative interpreter, the European Court of Human Rights (Court). It devotes special attention to Article 3 Protocol 1 of the Convention, which stipulates that ‘The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.’
Tag Archives: ECtHR
How can the ECtHR stay true to its commitment to democracy?
2020 is a special year for Europe: it marks the 70th anniversary of the establishment of the European Convention on Human Rights, which has played an essential role in stabilizing democracies in post-war and post-cold war Europe. Owing to the mandatory jurisdiction enjoyed by the European Court of Human Rights, it has had an enormous impact on the nature of democracy in the member states. Continue reading