Papadopoulos v. Cyprus (communicated case)

Legal summary

November 2023

Papadopoulos v. Cyprus (communicated case) - 21454/21

Article 3 of Protocol No. 1

Choice of the legislature

Stand for election

Annulment of applicant’s election as a new member of parliament for seat ‘not-taken’ by a candidate from the same party in the same constituency: communicated

In May 2016, Ms E.T., at the time a Member of the European Parliament, was declared elected as a member of the Cypriot Parliament. Before being sworn in, she decided that she did not wish to take the seat in the Cypriot Parliament as she wished instead to maintain her seat as Member of the European Parliament. The Chief Returning Officer, having consulted the Attorney General, applied by analogy section 35(1) of Law 72/79 which provided for the event of a ‘vacated seat’, and declared the applicant - who was a runner-up from the same party in the same constituency - as the new member of parliament for the said ‘not‑taken’ seat, as it was later characterised. This decision was challenged in court and was declared null and void, as although the court acknowledged the legislative gap concerning ‘not-taken’ as opposed to ‘vacated’ seats it disagreed with applying section 35(1) by analogy.

The applicant was subsequently declared elected as member of parliament on two other occasions following first the amendment of the law, and later, the Constitution, but his election was annulled by the domestic courts on both occasions considering the legislative and Constitutional amendments as unconstitutional.

The applicant complains under Article 3 of Protocol No. 1 to the Convention about a breach of his right to stand for election, as well as the right of the electorate in the choice of the legislature.

Communicated under Article 3 of Protocol No. 1 to the Convention.

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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