Information Note on the Court’s case-law 25

December 2000

Spišák v. Slovakia (dec.) - 43730/98

Decision 7.12.2000 [Section II]

Article 3 of Protocol No. 1

Free expression of the opinion of the people

Candidate who came second on his party’s list at parliamentary elections not chosen to replace elected candidate on latter's death: struck out

The applicant came second in terms of votes for the Slovak National Party ’s candidates at the 1994 parliamentary elections in the constituency of Eastern Slovakia. While the candidate of the party who had obtained most votes became member of the National Council, the other candidates on the list, including the applicant, became substitutes in accordance with the Election Act. In December 1996 the elected member died and, by a decision of the party, was replaced by a substitute other than the applicant, despite the latter having been second on the list. The National Council accep ted the party’s decision in this respect. The Constitutional Court, upon the applicant’s appeal, found that the National Council had violated his constitutional rights and infringed the Election Act by approving the party’s decision. Following new parliame ntary elections in 1998, the term of office of the members of the National Council elected in 1994 expired without the applicant having had the opportunity to sit.

The parties have reached a friendly settlement and the applicant has expressed his wish not to pursue his application.

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

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