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Kara-Murza v. Russia, No. 2513/14, ECtHR (Third Section), 4 October 2022

Date
04/10/2022
Type Judgment
Case number 2513/14

Abstract

Dual citizenship and passive electoral rights.

Normative references

Art. 3, Prot. 1 ECHR

Ruling

1. The Court reaffirmed, as already noted in Tănase v. Moldova, that there is a consensus among the Contracting States that the possession of more than one nationality should not be a ground of ineligibility for an individual to be a Member of Parliament. That being said, different approaches could be justified if there are particular historical or political considerations that necessitate a more restrictive practice on the right to stand for election.

2. In the present case, the prohibition to stand for election for persons with dual nationality was formulated in absolute terms; the reason given in general terms was that such citizens might pose a threat to national security and independence.
(The applicant, who was both a Russian and a British citizen, after having been a candidate for the Yaroslavl Regional Duma in the ranks of an opposition party, had his registration cancelled by the Regional Court on the grounds that he held dual nationality).