site.btaAlliance for Rights and Freedoms Refers Election Code Amendments to PACE, OSCE

The Alliance for Rights and Freedoms (ARF) has sent official letters to the Parliamentary Assembly of the Council of Europe (PACE) and the Organization for Security and Co-operation in Europe (OSCE), referring the two institutions to the latest amendments to Bulgaria’s Election Code, the parliamentary group’s press service said on Wednesday.

On February 5, Parliament conclusively adopted at second reading revisions proposed by Vazrazhdane saying that the polling stations set up outside Bulgarian diplomatic and consular missions in countries that are not members of the EU may not be more than 20.

ARF says the adopted changes represent a serious setback to democratic standards and call into question the equality of voters. By sending letters to PACE and the OSCE, the parliamentary group seeks an international review of the amendments and guarantees of the fundamental voting rights of Bulgarian citizens regardless of their place of residence.

According to ARF, the sponsors of the amendments have undermined the basic principles of parliamentary democracy and political pluralism in a country that is a member of the European Union and numerous international organizations. They also argue that changing election rules at the last moment before elections constitutes a serious retreat from the democratic achievements of European Bulgaria.

According to ARF, the amendments violate Article 6 of the Constitution, which stipulates that all citizens are equal before the law and that no restrictions on rights may be imposed on any grounds whatsoever. ARF further notes that Article 35 of the Constitution guarantees every Bulgarian citizen the right to freely choose their place of residence, move freely within the country, and leave the country.

ARF also says the amendments breach Article 10 of the Constitution, which provides that elections are held on the basis of universal, equal and direct suffrage, as well as Article 42, which guarantees the right to vote to every Bulgarian citizen who has reached the age of 18 and is not serving a prison sentence or under legal guardianship, without introducing territorial restrictions.

According to ARF, limiting the number of polling stations obstructs the exercise of the right to vote and leads to physical and logistical impossibility for citizens to cast their ballots, effectively turning a formally guaranteed right into one that is practically unenforceable.

The principle of proportionality enshrined in the Constitution is also being violated, ARF adds.

ARF further maintains that the amendments are inconsistent with Bulgaria’s international commitments, including the European Convention on Human Rights and the International Covenant on Civil and Political Rights.