Case of European Court of Human Rights, July 01, 1997 (case Gitonas and others v. Greece)

Resolution Date:July 01, 1997

No violation of P1-3


Information Note on the Court’s case-law No.

July 1997

Gitonas and others v. Greece - 18747/91, 19376/92, 19379/92 et al.

Judgment 1.7.1997

Article 3 of Protocol No. 1

Choice of the legislature

Free expression of opinion of people

Annulment of election of five members of parliament because, for more than three months during the three years preceding the elections, they had held posts in public office disqualifying them from standing for election: no violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

States given considerable latitude to establish in their constitutional order rules governing status of parliamentarians, including criteria for disqualification - diversity of possible choice on the subject.

Disqualification under Article 56 § 3 of Constitution served a dual purpose that was essential for proper functioning and upholding of democratic regimes, namely ensuring that candidates of different political persuasions enjoyed equal means of influence and protecting electorate from pressure from holders of public...

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