CEDH · CASELAW;CLIN;ENG — 21 octobre 1997

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .s6863D229 { width:26pt; display:inline-block } .s90A93616 { width:27.66pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .sC7C396CD { width:24.89pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. October 1997 Pierre-Bloch v. France - 24194/94 Judgment 21.10.1997 Article 6 Constitutional proceedings Article 6-1 Civil rights and obligations Criminal charge Proceedings before the Constitutional Council, sitting as body that adjudicates election disputes in respect of members of Parliament: Article 6 §   1 not applicable [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] I.   ARTICLE 6 § 1 OF THE CONVENTION Fact that proceedings have taken place before a constitutional court does not suffice to remove them from ambit of Article 6 § 1 – it had to be ascertained whether the ones in the instant case had related to “the determination of … civil rights and obligations” or of a “criminal charge”. A.   Whether there had been a “contestation” (dispute) over “civil rights and obligations” Not in issue that there had been a “contestation”. The right to stand for election to the National Assembly and keep one’s seat was a political one and not a “civil” one, so that disputes relating to the arrangements for the exercise of it lay outside the scope of Article 6 § 1 – the pecuniary interests also at stake in the proceedings did not make them “civil” ones. B.   Whether there had been a “criminal” charge Not disputed that there had been a “charge” – Court applied the three criteria laid down in its case-law in order to determine whether the “charge” had been a criminal one. 1.   Legal classification of offence in French law and very nature of it Relevant provisions belonged not to French criminal law but to financing and capping of election expenditure and therefore to electoral law – nor could breach of a legal rule governing such a matter be described as “criminal” by nature. 2.   Nature and degree of severity of penalty Disqualification: penalty directly one of the measures designed to ensure proper conduct of parliamentary elections and thus lay outside the “criminal” sphere – limited to a period of one year from date of election and applicable only to election in question. Obligation to pay Treasury a sum equal to amount of excess: related to amount by which Constitutional Council had found ceiling to have been exceeded, a fact which appeared to show that it was in the nature of a payment to community of sum of which the candidate had improperly taken advantage to seek votes of his fellow citizens and that it formed part of measures designed to ensure proper conduct of parliamentary elections – differed in several respects from criminal fines in the strict sense. Penalties provided in Article L. 113-1 of Elections Code: not in issue, as no proceedings had been brought against applicant on that basis. Conclusion : Article 6 §   1 not applicable (seven votes to two). II.   ARTICLE 14 OF THE CONVENTION Complaint of discrimination on the ground of political opinions not reiterated by applicant either in his memorial or at hearing – furthermore, no issue can in principle arise under Article 14 taken in isolation. Conclusion : unnecessary to rule on complaint (unanimously). III.   ARTICLE 13 OF THE CONVENTION Right of recourse guaranteed in Article 13 can only relate to a right protected by the Convention. Conclusion : Article 13 not applicable (seven votes to two).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes