Communicated on 23 September 2019

FIRST SECTION

Application no. 45751/17 Nikolche BABOVSKI against North Macedonia lodged on 21 June 2017

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s right to stand for parliamentary elections.

As required under domestic law, in order to stand for parliamentary elections on 4 May 2011 t he applicant submitted a written statement for certification to the Fact Verification Commission in which he stated that he had not collaborated with the State security bodies during the period after 1944. The commission decided that his statement was not in accordance with the data in its possession and refused to certify it. The applicant contested those findings before the Administrative Court, which quashed the decision on three occasions.

The elections took place on 5 June 2011 without the applicant being able to participate given his failure to obtain a certification of his statement from the above commission. Following three remittals the proceedings are still pending.

QUESTIONS TO THE PARTIES

Has there been a violation of the applicant ’ s right under Article 3 of Protocol No. 1 (see Paksas v. Lithuania [GC], no. 34932/04, § 112, ECHR 2011 (extracts) and mutatis mutandis Ždanoka v. Latvia [GC], no. 58278/00, §§ 132-135, ECHR 2006 ‑ IV )?