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Constitutional Court of Bosnia and Herzegovina (Ustavni sud Bosne i Hercegovine), No. AP-209/20, 6 May 2020

Abstract

Withdrawal of candidacy during the term of office.

Normative references

Art. 1, paragraph 2, Constitution
Art. 2, paragraph 1, Constitution
Art. 2, paragraph 2, Constitution
Art. 3, Prot. 1, ECHR

Ruling

1. The exercise of the right to vote and to stand as a candidate, guaranteed by Article 3, Prot. 1 of the ECHR, is not confined to elections to legislative bodies, but applies generally to those bodies whose composition depends wholly or partly on a vote. The exercise of the negative right, i.e. the right "not to be elected", may also be subject to restrictions.

2. The fact that a candidate, political party, coalition or list cannot withdraw its candidature after the verification of the lists of candidates, until the expiry of the term of office of the body, does not constitute an infringement of Article I, paragraph 2, and Article II, paragraphs 1 and 2, of the Constitution of Bosnia and Herzegovina.
(The applicant, a candidate of the SNSD party, complained that he was unable to withdraw his candidature).