G.K. v. Belgium: Post-electoral Disputes of a Political Nature Once Again in the Spotlight

By Julian Clarenne (PhD researcher at the Centre interdisciplinaire de recherches en droit constitutionnel et administratif, Université Saint-Louis Bruxelles)

On 21 May 2019, the European Court of Human Rights delivered an awaited judgment in G. K. v. Belgium on the competence of elected assemblies in post-electoral disputes. It found that the Belgian State had violated Article 3 of Additional Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the right to free elections. The reason was that one of its parliamentary assemblies (the Senate) did not offer, at least in the circumstances of the case, sufficient procedural guarantees against arbitrariness in the context of reviewing the validity of the resignation of one of its members. In that judgment, the Court also ordered Belgium to pay the applicant EUR 5,000 by way of just satisfaction for compensation in respect of the non-pecuniary damage, in addition to EUR 30 000 in costs and expenses. While this judgment is in line with the Court’s previous case-law on the right to free elections, it misses the opportunity to increases the pressure on national legal systems which, like Belgium, still confer the competence of post-electoral disputes to parliamentary assemblies. It is nevertheless unsurprising that the Court preferred to just settle the dispute at stake without drawing general conclusions, as it is in the line with its inclination to “judicial minimalism”. Continue reading