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Estonia / Supreme Court, Constitutional Review Chamber / 3-4-1-49-13

R.K. v National Electoral Committee

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Review Chamber of the Supreme Court
Decision date:

Key facts of the case:

The electoral committee refused to register a prisoner as a candidate in the local municipality government elections of 2013. The prisoner filed an appeal on the decision in the electoral committee of the county and the National Electoral Committee (Vabariigi Valimiskomisjon). Neither of the latter institutions satisfied his appeal, following which he filed a cassation in the Constitutional Review Chamber of the Supreme Court (Riigikohtu põhiseaduslikkuse järelevalve kolleegium) to review the constitutionality of the § 5(6) of the Local Government Council Election Act (Kohaliku omavalitsuse volikogu valimise seadus), which states that “A person in active service in the Defence Forces or a person who has been convicted of a criminal offence by a court and is serving a prison sentence shall not stand as a candidate for election to a council.”