There is no violation of Article 3 of Protocol No. 1 to the European Convention if the appellant complains about an election system because of which his candidates have not been elected to the legislative authority.
• Decision on Admissibility and Merits No. AP 35/03 of 28 January 2005, paragraphs 47 to 51, published in the Official Gazette of Bosnia and Herzegovina, 30/05
Here is no violation of the right to “free elections” under Article 3 of Protocol No. 1 to the European Convention when restrictions are stipulated by the Law on Conflict of Interests, serve legitimate aim, and prevent the abuse of public office for the acquisition of personal gain by the elected official. The restriction has reasonable justification and it does not restrict the appellant’s right to be elected to the extent of endangering the very essence of this right, given that it is proportionate to the aim of the wider community in terms of the transparency of election process, and the objectivity, legality, independency and impartiality of the appellants as elected officials performing the public functions.
• Decision on Admissibility and Merits No. AP 3453/09 of 28 April 2010, paragraph 63, published in the Official Gazette of Bosnia and Herzegovina, 74/10
