Pudarić v. Bosnia and Herzegovina, No. 55799/18, ECtHR (Fourth Section), 8 December 2020

Impossibility for a person who defines himself as a Serb and resident in the Federation of Bosnia and Herzegovina to stand for the election to the Presidency of Bosnia and Herzegovina.

Art. 1 Prot. 12 ECHR
Art. 3 Prot. 1 ECHR

1. The residency requirement in order to exercise the right to stand as a candidate constitutes discrimination with respect to art. 1, Prot. 12 ECHR when this is also linked to the requirement of ethnicity.

2. As well as the requirement of belonging to a specific ethnic group in order to exercise the right of passive electorate constitutes a violation of art. 3, Prot. 1 ECHR.
(The applicant, despite belonging to the constituent people of the Serbs had been deprived of the right to passive electorate for the Presidency as a resident of the Federation of Bosnia and Herzegovina, one of the federal entities that make up Bosnia and Herzegovina).