CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 15 avril 1996

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 25035/94                       by Silvius MAGNAGO and SÜDTIROLER VOLKSPARTEI                       against Italy        The European Commission of Human Rights sitting in private on 15 April 1996, the following members being present:              MM.    S. TRECHSEL, President                  H. DANELIUS                  C.L. ROZAKIS                  E. BUSUTTIL                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H.G. SCHERMERS            Mrs.   G.H. THUNE            Mr.    F. MARTINEZ            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  E. KONSTANTINOV                  D. SVÁBY                  A. PERENIC                  C. BÎRSAN                  P. LORENZEN                  K. HERNDL              Mr.    H.C. KRÜGER, Secretary to the Commission        Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;        Having regard to the application introduced on 14 March 1994 by Silvius MAGNAGO and SÜDTIROLER VOLKSPARTEI against Italy and registered on 30 August 1994 under file No. 25035/94 ;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;        Having deliberated;        Decides as follows:   THE FACTS        The first applicant is an Italian citizen, born in 1914 and residing in Bozen/Bolzano (Italy). He is a lawyer and stood for the parliamentary elections of March 1994 as a candidate of the South Tyrol People's Party (Südtiroler Volkspartei - SVP). In the proceedings before the Commission he is represented by Mr. Hartmann Gallmetzer, Secretary General of the SVP.        The second applicant is the SVP acting through its legal representative Mr. Siegfried Brugger and represented before the Commission by Mr. Karl Zeller, a lawyer in Meran/Merano.   A.    The particular circumstances of the case        The facts of the case as submitted by the applicants may be summarised as follows.        The autonomous region of Bozen/Bolzano has 420.000 inhabitants of which 72,35 % belong to the German-speaking and Ladin-speaking population.        The SVP has generally gained more than 80 % of the votes of the German-speaking and Ladin-speaking minority in all the elections to the Chamber of Deputies in Rome and was represented by three or four Deputies in the Parliament. Members of the Chamber of Deputies were elected by a party-list system of proportional representation.        In accordance with the provisions of the new electoral law, No. 277 of 4 August 1993, 75 % of the seats are distributed by a majority system and solely 25 % by a system of proportional representation. Under the system of proportional representation, the threshold set for the allocation of a seat in the Chamber of Deputies is 4 % of the votes cast on the national level.        In the region of Trentino-Alto Adige eight seats of the Chamber of Deputies are allocated by a majority vote and two seats by proportional representation.        As a minority party being unable to obtain at least 4 % of the votes in the country as a whole, the SVP contested the new electoral law, but without success.        A constitutional appeal was declared inadmissible by the Constitutional Court on 14 December 1993. The Constitutional Court pointed out that the Parliament had rejected the proposal not to apply the 4 % threshold in the region of Trentino-Alto Adige as well as other proposals made in that context. It found that where, as in the present case, the legislature had chosen one of several possibilities in respect of the electoral system, the Constitutional Court was prevented from substituting itself for the legislature.        In the parliamentary elections of March 1994 the SVP gained three seats under the system of simple majority in the electoral district of Trentino-Alto Adige and no seat in respect of the system of proportional representation.   B.    Relevant domestic law        By virtue of Article 1 para. 1 of the Law No. 277 of 4 August 1993, the Chamber of Deputies is elected by universal suffrage, a direct and equal, free and secret vote expressed in one electoral ballot (la Camera dei Deputati è eletta a suffragio universale, con voto diretto ed uguale, libero e segreto, espresso in un unico turno elettorale).        In accordance with paragraph 2 of Article 1, the distribution of seats allocated under the system of proportionality takes place in the National Central Office (la ripartizione dei seggi attribuiti secondo il metodo proporzionale ... si effettua in sede di Ufficio centrale nazionale).        In accordance with paragraph 3 of Article 1, in each constituency 75 % of the total of the seats are allocated on the basis of the same number of single member constituencies, in which the candidate is elected who has obtained the largest number of votes (in ogni circoscrizione, il 75 per cento del totale dei seggi è attribuito nell'ambito di altrettanti collegi uninominali, nei quali risulta eletto il candidato che ha riportato il maggior numero di voti).        Paragraph 4 of Article 1 provides in particular that in each constituency 25 % of the total of the seats are allocated according to a system of proportionality (in ogni circoscrizione, il 25 per cento del totale dei seggi è attribuito in ragione proporzionale ...).        According to Article 5 para. 2 of the Law, the National Central Office then singles out the lists which have gained on the national level at least 4 % of the votes validly expressed (individua quindi le liste che abbiano conseguito sul piano nazionale almeno il 4 per cento dei voti validi espressi).        According to Article 5 para. 3 of the Law, the National Central Office proceeds from the above-mentioned lists to the allocation of the seats on the basis of the national electoral number of each of the lists (tra le liste di cui al n. 2) procede al riparto dei seggi in base alla cifra elettorale nazionale di ciascuna lista). For this purpose, it divides the total of the national electoral number of the above- mentioned lists by the number of seats to be attributed on a proportional basis with a view to obtaining the national electoral quotient (A tal fine divide il totale delle cifre elettorali nazionali delle liste di cui al n. 2) per i numeri dei seggi da attribuire in ragione proporzionale, ottenendo cosi il quoziente elettorale nazionale).   COMPLAINTS        The applicants complain that under the new electoral law No. 277 of 4 August 1993 they are practically excluded from having a seat in the Chamber of Deputies under the system of proportional representation, having regard to the fact that in order to obtain the required 4 % of the votes cast, a party must poll approximately 1.600.000 votes nationwide. They also complain that the SVP as such, its candidate and the electors, belonging to the German-language and Ladin-language groups, are the victims of a difference of treatment amounting to discrimination on grounds of language and membership of a national minority. They allege a violation of Article 3 of Protocol No. 1 taken alone and in conjunction with Article 14 of the Convention.   THE LAW        The applicants complain under Article 3 of Protocol No. 1 (P1-3) and Article 14 (Art. 14) of the Convention that, as the representatives of a national minority, i.e. the German-speaking and Ladin-speaking majority in the region of Trentino-Alto Adige, they are prevented under the Italian electoral law No. 277 of 4 August 1993, from having a seat in the Chamber of Deputies in Rome, insofar as these seats are allocated by a system of proportional representation. They complain in particular of the 4 % threshold of the votes cast on the national level to qualify for the allocation of a seat.        Article 3 of Protocol No. 1 (P1-3) provides:        "The High Contracting Parties undertake to hold free      elections at reasonable intervals by secret ballots, under      conditions which will ensure the free expression of the      opinion of the people in the choice of the legislature."        Article 14 (Art. 14) of the Convention reads as follows :        "The enjoyment of the rights and freedoms set forth in this      Convention shall be secured without discrimination on any      ground such as sex, race, colour, language, religion,      political or other opinion, national or social origin,      association with a national minority, property, birth or      other status."        The Commission recalls that Article 3 of Protocol No. 1 (P1-3) does not create any obligation to introduce a specific electoral system such as proportional representation or majority voting. Given that the legislation of the Contracting States on the matter varies from place to place and from time to time, they are allowed a wide margin of appreciation. Electoral systems seek to fulfil objectives which are sometimes scarcely compatible with each other: to reflect fairly faithfully the opinions of the people and to channel currents of thought so as to promote the emergence of sufficiently clear and coherent political will. What must be guaranteed is the principle of equality of treatment of all citizens. It does not follow, however, that all votes must necessarily have equal weight as regards the outcome of the election or that all candidates must have equal chances of victory (Eur. Court H.R., Mathieu-Mohin and Clerfayt judgment of 2 March 1987, Series A no. 113, p. 24, para. 54; No. 11406/85, Dec. 10.3.88, D.R. 55 pp. 130, 140).        As to the present case, the Commission notes that in the elections of March 1994 75 % of the seats of the Chamber of Deputies were distributed by simple majority in the electoral districts. Under this system the SVP gained three seats in the Chamber of Deputies. The Commission further notes that the remaining 25 % of the seats were allocated under the system of proportional representation with the requirement to obtain on the national level at least 4 % of the votes cast. Not having obtained the required 4 % of the votes, the SVP did not obtain any seat under the system of proportional representation.      The Commisssion considers that the 4 % threshold required for the election of the remaining 25 % of the members of the Chamber of Deputies to be elected under the system of proportional representation is intended to promote the emergence of sufficiently representative currents of thought and that this is a legitimate aim under the terms of Article 3 of Protocol No. 1 (P1-3).        Even a system which fixes a relatively high threshold, e.g. as regards the number of signatures required in order to stand for election or, as in the present case, a minimum percentage of votes on the national level, may be regarded as not exceeding the margin of appreciation permitted to States in the matter (see No. 23151/94, Dec. 9.5.94, D.R. 77-B p. 122).        Moreover, similar provisions concerning the minimum threshold for the allocation of seats exist in other European legal systems (see No. 11123/84, Dec. 9.12.87, D.R. 54 pp. 52, 68, 69).        The Commission notes that the electoral law in issue applies to all candidates and the Convention does not compel the Contracting Parties to provide for positive discrimination in favour of minorities (see No. 25758/94, Dec. 7.3.96, to be published in D.R.).        The Commission concludes that the present application does not disclose a violation of Article 3 of Protocol No. 1 (P1-3) taken alone or in conjunction with Article 14 (P1-3+14) of the Convention.        It follows that the application must be rejected as being manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.        For these reasons, the Commission, unanimously,        DECLARES THE APPLICATION INADMISSIBLE.   Secretary to the Commission             President of the Commission          (H.C. KRÜGER)                          (S. TRECHSEL)