ABSTRACT
This contribution explores the support provided by the European Court of Human Rights towards the democratisation process, development of the rule of law and consolidation of pluralism in the Republic of Bulgaria. Having regard to the complex social and geo-political conditions underpinning Bulgaria’s legal system, this chapter examines the solutions proposed by the ECtHR to foster the State’s institutional stability, the development of political associations, and the enactment of the right to vote and institutional stability.
Building on the case law on Art. 3 of Protocol 1, the argument has two prongs. First, this contribution appraises the impact of the jurisprudence of the Court of Strasbourg on Bulgarian electoral laws, adopted to undermine political representation of ethnic minorities, and to marginalise their organisations or representatives. Second, the chapter scrutinises these interferences with the right to vote in prison, illustrating how Bulgaria has occasionally used criminal law to disenfranchise convicts. This section reflects on the ECtHR’s role in protecting fundamental rights and promoting the rule of law principles in transitional democracies. Finally, the chapter reviews international and domestic practice to evaluate the implementation of the selected judgments by domestic courts.
