ABSTRACT
The recognition of the right to free elections as a fundamental right was the result of a long process in the history of democratic countries. Its incorporation into the most important international human rights documents was also preceded by heated debates, mainly because of the contracting States' attempts to protect their sovereignty. This chapter provides an overview of the practice of the European Court of Human Rights and evaluates the level of protection it provides to the right to free and fair elections. It examines which factors explain the Court's reserved approach towards election-related cases and proposes an argument to justify a more activist approach by the Court. The European Commission of Human Rights and the European Court of Human Rights had to face this wording in the first procedures complaining about the violation of the right to vote or stand for election. The main fields of the case law and electoral administration are also discussed.
