Home > 1.1.3 Submission of candidatures > UKRANIE - Joint Opinion on the Draft Law Amending Certain Legislative Acts Which Restrict the Participation in the State Power of Persons Associated with Political Parties Whose Activities are Prohibited by Law
 
 
 
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Paragraph 51
 

51. Moreover, the European Court of Human Rights has stressed the need to afford sufficient procedural safeguards against arbitrariness in the framework of the process of the domestic authorities making such individual assessments.67 This includes the right to be heard, the right to present evidence, the right to be represented by a lawyer, the right to defence, the right to a sufficiently reasoned decision, and the possibility to contest the decision to an independent judicial body. As there is no individual assessment of each case, the person concerned will not be heard nor be provided with a reasoned decision that would be subject to judicial review nor have access to an effective remedy for the violation of the right to stand for election. In short, the restriction on the right to be elected must be assessed with adequate procedural safeguards, including the possibility to challenge the decision.