Article 47. Right to Vote and Right to Participate in Referend |
The First opinion also recommended in respect of the ban on the right to vote, to be elected and to participate in referendums for “persons convicted of grave crime”5 to take into account the case-law of the European Court of Human Rights6 and introduce an element of proportionality. Article 47 § 4 now limits the ban to “persons convicted and serving sentence for the intentional commission of a grave crime by a court judgment that has entered into legal force”. Elements of proportionality have thus been duly introduced and the provision appears to be in line with the most recent case law of the ECtHR as well as with Venice Commission recommendations. |