{"title":"Mugemangango诉比利时:“老牌民主国家”无例外","authors":"James R. Brakebill","doi":"10.1163/18719732-bja10058","DOIUrl":null,"url":null,"abstract":"\nIn Mugemangango v. Belgium, the European Court of Human Rights clarified its case law regarding the right to vote and stand for election. By holding that Belgium’s longstanding tradition of allowing parliamentary review of election disputes violates guarantees of fairness and impartiality, the Court made clear that it would not interpret Article 3 of Protocol No. 1 as providing an exception for so-called “old democracies.” In doing so, the Court sent a clear message to other member states with similar systems of parliamentary review that their procedures may not be in compliance with the Convention.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Mugemangango v. Belgium: No Exceptions for “Old Democracies”\",\"authors\":\"James R. Brakebill\",\"doi\":\"10.1163/18719732-bja10058\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nIn Mugemangango v. Belgium, the European Court of Human Rights clarified its case law regarding the right to vote and stand for election. By holding that Belgium’s longstanding tradition of allowing parliamentary review of election disputes violates guarantees of fairness and impartiality, the Court made clear that it would not interpret Article 3 of Protocol No. 1 as providing an exception for so-called “old democracies.” In doing so, the Court sent a clear message to other member states with similar systems of parliamentary review that their procedures may not be in compliance with the Convention.\",\"PeriodicalId\":43487,\"journal\":{\"name\":\"International Community Law Review\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2021-12-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Community Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/18719732-bja10058\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Community Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18719732-bja10058","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Mugemangango v. Belgium: No Exceptions for “Old Democracies”
In Mugemangango v. Belgium, the European Court of Human Rights clarified its case law regarding the right to vote and stand for election. By holding that Belgium’s longstanding tradition of allowing parliamentary review of election disputes violates guarantees of fairness and impartiality, the Court made clear that it would not interpret Article 3 of Protocol No. 1 as providing an exception for so-called “old democracies.” In doing so, the Court sent a clear message to other member states with similar systems of parliamentary review that their procedures may not be in compliance with the Convention.
期刊介绍:
The Journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends for the idea of an international community. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role.