Directness of elections to the European Parliament : commentary on the decision of the European Court of Human Rights of 6 May 2016 (nr 77032/12)

The Author comments on the European Court of Human Rights judgment on the issue of the European Parliament elections, specifically the directness of the elections and the right to stand as a candidate. The problem was how to fill additional seats created by the entry into force of the Treaty of Lisbon. The author criticizes the judgment of the Court, according to which there was no violation of the right to free elections in Protocol No 1 to the Convention by distribution two additional seats in indirect elections. He argues that the right to free elections was infringe by too late adoption of a legal regulation setting out the rules governing additional seats (violation of the ban on the change of important electoral regulations before the election, and even more after the election) and its disproportionality to the aim.