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The construction of the right to free elections by the European Court of Human Rights

Agustín Ruiz Robledo

Keywords: right to free elections; European Court of Human Rights; active suffrage; legislative elections; margin of national appreciation; passive suffrage; subjective right

This article analyses the European Court of Human Rights’ (ECtHR) doctrine on the right to free elections established in Article 3 of Protocol 1. What was initially a state obligation to hold elections eventually evolved into a genuine subjective right. The article aims to spell out the precise content of the right to free elections in Europe as stipulated by the ECtHR.

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