MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2024)1501/H46-42

13 June 2024

1501st meeting, 11-13 June 2024 (DH)   H46-42 Cegolea v. Romania (Application No. 25560/13) Supervision of the execution of the European Court’s judgments   Reference documents CM/Notes/1501/H46-42

 

Decisions

The Deputies

1.         recalling that this case concerns a breach of the right to free elections and the prohibition of discrimination in respect of national minority organisations not yet represented in Parliament, due to flaws in the procedure for granting “public utility” status, a requirement under electoral law, in particular its lack of clarity, the unfettered discretion it affords to the executive, and the absence of judicial review;

2.         recalling also their conclusions that the question of restitution for the applicant in this case is linked to the general measures which will be implemented to bring the domestic law into line with the Convention requirements set out in the judgment;

3.         noted that the government tabled in Parliament in November 2023 a bill containing provisions aimed at remedying the flaws identified in the judgment in relation to the procedure and the safeguards attending the eligibility requirement in question;

4.         expressed their concern that these provisions have not yet come into effect, notwithstanding the Committee’s calls on the authorities to take every necessary step to ensure that this is done in good time before the next parliamentary elections, foreseen to take place in late 2024, and strongly urged the Romanian authorities to ensure adoption of the legislation without any further delay;

5.         stressing the crucial importance of securing the practical effect of the European Court’s judgment for the next elections, urged the authorities to provide undertakings that the government and its departments will examine and determine any pending and upcoming application for “public utility” status made by national minority organisations with a view to put forward candidates in these elections with due regard to the Convention requirements set out in the judgment and to their unconditional obligation to abide by it;

6.         decided to resume the examination of this case at an upcoming Human Rights meeting, in the light of the authorities’ response to the above calls.