Ekoglasnost v. Bulgaria, No. 30386/05, ECtHR (Fourth Section), 6 November 2012

Introduction of new conditions for participation in parliamentary elections one month before deadline for registering candidates.

Art. 3, Prot. 1 ECHR

1. The fact that the Bulgarian electoral legislation requires certain obligations of candidates does not in itself constitute a restriction on the right to free elections, guaranteed by Article 3 of Prot. 1 of the ECHR. On the contrary, the introduction of special requirements for the exercise of the right to stand as a candidate may pursue the legitimate objective of ensuring the participation in parliamentary elections of valid political formations which are sufficiently representative in society.

2. If the national legislature decides to introduce additional elements for access to passive electoral rights and does so in the run-up to elections, this constitutes an imbalance between the legitimate interests of society as a whole and the right of the party affected by these new provisions to be represented in parliamentary elections. It causes a violation of the right to free elections.
(The “Political Club Ekoglasnost” was not registered for the parliamentary elections by the Bulgarian Central Election Commission due to the non-fulfilment of certain conditions introduced a few weeks before the deadline for registration for the elections).