Article 73 defines permissible activities during an election campaign. By defining permissible activities, it might be implied that other legitimate activities, that are not specifically included in Article 73, are not permissible. This is problematic as election campaign activities are almost invariably a manifestation of the individual’s rights to freedom of expression and/or association, which are rights protected every day of the year under the ECHR. Any restrictions on these rights must be strictly necessary in a democratic society. Further, Article 73.5 expressly prohibits foreign citizens from engaging in election campaigning. Foreign nationals, and stateless individuals have rights to free expression and association, which could include manifesting an opinion “for or against an election subject” (election campaigning). Thus, Article 73.5 would appear to be in conflict with Articles 1, 10 and 11 of the ECHR. It is recommended that Article 73 be amended to address these concerns.
