CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 9 octobre 2025

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margin-left:42.55pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s7AE800C3 { width:4.28pt; font:7pt 'Times New Roman'; display:inline-block } .sD11CFAB7 { margin-top:14pt; margin-left:15.01pt; margin-bottom:3pt; text-align:justify; padding-left:1.99pt; font-family:Arial } .sFBC99493 { font-style:italic } .s51DFF5CF { margin-top:0pt; margin-left:34pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sE5BF05B1 { width:2.33pt; font:7pt 'Times New Roman'; display:inline-block } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s68D1564D { width:34.89pt; display:inline-block } .sF9FB9744 { width:162.44pt; display:inline-block } .s5D826FD4 { width:25.88pt; display:inline-block } .s1B61D60 { width:156.43pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }   FIRST SECTION CASE OF GEORGIOS PAPADOPOULOS v. CYPRUS (Application no. 21454/21)     JUDGMENT Art 3 P1 • Choice of the legislature • Electoral decisions annulling the applicant’s declaration as an elected member of parliament on three occasions after his appointment as the first runner-up to a seat that was renounced before the start of the parliamentary term • Applicant’s mandate annulled on account of the absence of a legal or permissible constitutional framework regulating the possibility of filling a seat that became vacant before the start of the parliamentary term • Failure to resolve the issue through legislative or judicial intervention resulting in a vacant parliamentary seat for significant periods • Interference not “lawful”   Prepared by the Registry. Does not bind the Court.   STRASBOURG 9 October 2025   FINAL   09/01/2026   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Georgios Papadopoulos v. Cyprus, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Ivana Jelić , President ,   Erik Wennerström,   Georgios A. Serghides,   Raffaele Sabato,   Alain Chablais,   Artūrs Kučs,   Anna Adamska-Gallant , judges , and Liv Tigerstedt, Deputy Section Registrar, Having regard to: the application (no.   21454/21) against the Republic of Cyprus lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Cypriot national, Mr   Georgios Papadopoulos (“the applicant”), on 21 April 2021; the decision to give notice to the Cypriot Government (“the Government”) of the application; the parties’ observations; Having deliberated in private on 6 May and 16 September 2025, Delivers the following judgment, which was adopted on the latter date: INTRODUCTION 1.     The case concerns the Electoral Court’s decisions to annul the applicant’s declaration as an elected member of parliament (MP) on several occasions. THE FACTS 2.     The applicant was born in 1965 and lives in Limassol. He was represented by Mr A. Kyprizoglou, a lawyer practising in Limassol. 3.     The Government were represented by their Agent, Mr G. L. Savvides, Attorney General of the Republic of Cyprus. 4.     The facts of the case may be summarised as follows. BACKGROUND TO THE CASE 5.     Parliamentary elections in Cyprus are held based on the open-list proportional representation system. Voters first choose a party list and may then express a fixed number of preferences (depending on the electoral district) for candidates within that list. Seats are distributed based on party vote totals using the Hare quota, with additional thresholds in place to ensure fair representation. The first allocation of seats is carried out at district level. The second step of the allocation of seats is conducted at national level (see paragraphs   44-45 and 51-52 below). 6.     On 22 May 2016 parliamentary elections took place. 7.     The applicant and Ms E.T. were candidates in those elections for the Solidarity Movement ( Kίνημα Αλληλεγγύη – “Solidarity”) in the Limassol constituency. At the time, Ms E.T. was the president of Solidarity and a Member of the European Parliament (MEP). 8 .     Following the conclusion of the elections, the Chief Returning Officer (“CRO”) proceeded to distribute the fifty-six parliamentary seats among political parties in each constituency, following a two-round distribution procedure ( πρώτη και δεύτερη κατανομή ) (see paragraphs 44 and 45 below), as follows:   Political party Constituencies   Nicosia Limassol Famagusta Paphos Larnaca Kyrenia Democratic Rally (DISY) 6 3 4 1 2 2 Progressive Party of Working People (AKEL) 5 4 3 1 2 1 Democratic Party (DIKO) 3 2 1 1 2 - Movement for Social Democracy (EDEK) 1 1 - 1 - - Citizen’s Alliance 1 1 1 - - - Solidarity 1 1 1 - - - Green Party - Citizen’s Alliance 2 - - - - - National People’s Front (ELAM) 1 - 1 - - -   9 .     The determination of the elected candidates per party was then completed and, as a result, on 23   May 2016 the CRO declared Ms   E.T. an elected member of the Cypriot House of Representatives (Parliament) with Solidarity, as the candidate who received the most votes for Solidarity in the Limassol constituency, in which Solidarity had been allocated one seat. The declaration, along with those of all other elected MPs, was published in the Official Gazette of the Republic of Cyprus the same day (see paragraph   46 below). 10.     On 27 May 2016 Ms E.T. informed the CRO of her decision not to take the seat, as she wished instead to retain her seat as an MEP. 11.     The issue that arose was that domestic law at the time only provided for the possibility of filling a seat that became vacant after the start of the parliamentary term. It did not address the situation where an elected MP chose not to take up his or her seat before the start of the parliamentary term. THE APPLICANT’S FIRST DECLARATION AS AN ELECTED MP AND SUBSEQUENT ANNULMENT 12 .     On 31 May 2016 the CRO, following an advisory opinion from the Attorney General, applied section 35(1) of the Law on the Election of Members of the House of Representatives of 1972 (“the Elections Law”), as in force at the time (see paragraph 43 below), by analogy. He therefore declared the applicant, the runner-up for Solidarity, an elected MP in the Limassol constituency. 13.     On 2 June 2016 the applicant made the relevant affirmation in Parliament in accordance with Article 69 of the Constitution (see paragraph   40 below). 14 .     On 21 July 2016 Mr A.M., an unsuccessful candidate for the Democratic Rally (“DISY”) in the Limassol constituency in the 2016 parliamentary elections, and Mr D.D., a voter from the same constituency, challenged the CRO’s decision before the Electoral Court (electoral petition no. 2/2016). 15 .     On 31 May 2017 the Electoral Court unanimously declared the applicant’s election and declaration as an MP for the Limassol constituency void. 16 .     According to the court, the parties agreed that Ms E.T. had been declared an elected MP but had never held the status of one, since the formal condition of affirmation prior to assuming her duties – expressly required by Article 69 of the Constitution (see paragraph 40 below) – had not been met. The parties also agreed that Ms E.T.’s parliamentary seat had not been vacated during the parliamentary term, as provided for in section 35(1) of the Elections Law. The court then stated that Article 66 § 2 of the Constitution, which had been amended in 1996 (see paragraph 39 below), provided that a vacancy in a parliamentary seat was to be filled in the manner provided for by law (in the case at hand, the Elections Law) and not necessarily through a by-election, as had been the case prior to the 1996 amendment. In particular, the court considered that Article 66 of the Constitution did not contain a provision for filling a vacated parliamentary seat before the start of the new parliamentary term. The court held that the issue of the disputed seat had undoubtedly arisen before the start of the parliamentary term. Section 35(1) of the Elections Law only regulated situations where a seat was vacated after the start of the parliamentary term. Therefore, in the absence of a clear legislative provision, the CRO had impermissibly applied section 35(1) of the Elections Law by analogy. THE APPLICANT’S SECOND DECLARATION AS AN ELECTED MP AND SUBSEQUENT ANNULMENT 17.     On 30 June 2017 Parliament amended section 35(1) through the Elections (Amendment) Law 2017 (Law no. 82(I)/2017), introducing the term “not taken” parliamentary seat and providing that the new provision would apply to seats which were either not taken, not accepted or vacated before the beginning of the parliamentary term as of that date (see paragraph   48 below). 18 .     On 5 July 2017 the CRO and the Returning Officer of the Limassol constituency, applying the amended section 35(1), declared the applicant an elected MP for the Limassol constituency. 19.     On 7 July 2017 the applicant made the relevant affirmation in Parliament and took up his duties. 20.     On 1 September 2017 Mr A.M and Mr D.D. (see paragraph   14 above) filed a new electoral petition with the Electoral Court (no. 1/2017) challenging the applicant’s election and declaration as an MP (see paragraph   18 above). They argued, inter alia , that Parliament had passed a law which breached the precedent created by the Electoral Court’s decision, with the aim of appointing the applicant as an MP after the May 2016 elections. As such, Parliament had substituted the right of the people to choose their MPs through voting, contrary to Article 66 of the Constitution (see paragraph 39 below). 21.     The respondents, including the applicant, contended that a seat could only be filled as prescribed by law. Given the relevant legal vacuum identified by the Electoral Court, the only way to fill a seat was through the creation of specific legislation on the matter. Section 35(2), which referred to by ‑ elections, concerned the same conditions as section 35(1). Therefore, section 35(2), like section 35(1), could only be applied if there was a “vacated” seat during the parliamentary term and if section 35(1) could not be applied for some reason. In the absence of a “vacated” seat, the option of by-elections on the basis of section 35(2) could not apply either. Moreover, they argued that the Constitution did not provide for by-elections. On the contrary, the Third Amendment of the Constitution had amended Article   66 to replace the former Article   66 §   2, which had provided for the automatic holding of a by-election in the event of a “vacated” seat. The original provision for by-elections had been adapted to the needs of the majority election system, while the amendment had been intended to make the election system universal and in line with the proportional system, so that those elected occupied the parliamentary office in order, including the runners-up. 22.     On 30 April 2018 the Electoral Court, by a majority of six to five, annulled the applicant’s election and declaration as an MP in the Limassol constituency for the second time. In addition, it declared the Elections (Amendment) Law 2017 unconstitutional, specifically the provision for filling a “not taken” parliamentary seat. 23 .     The majority judges ruled that the Constitution (Article 66) only addressed the situation of a “vacated” parliamentary seat, not a “not taken seat”, a concept not recognised therein. Nor did Article 71 of the Constitution which set out the possibilities of a vacated seat address such situation. Parliamentary status was acquired upon affirmation in Parliament, not upon declaration by the CRO. Since Ms   E.T. had never affirmed her role in Parliament – as doing so would have been incompatible with her MEP status – and had renounced the seat before the parliamentary term had begun, the seat had never been vacated and had instead remained “not taken”. Consequently, the exceptional procedure for filling vacated seats under the Elections Law, which aligned with proportional representation, could not be applied. As a result of the renouncing the seat and Ms E.T.’s failure to affirm her role in parliament, the seat was not taken either by Ms E.T. or by Solidarity and as a result there never was a vacated seat belonging to Solidarity. The Electoral Court’s voiding of the applicant’s declaration as an MP had not vacated the seat but had confirmed its “not taken” status. Thus, the court reasoned that the seat never lawfully belonged to Solidarity and as such could not be assigned to the runner-up for Solidarity in Limassol. While the majority did not deny that Parliament had a general power to legislate on all matters (see paragraph 35 below), it stressed that such power had to be exercised in accordance with the provisions and spirit of the Constitution. The court observed that only in the event of a vacated seat already held by a party could the seat, by exception, be given to the runner ‑ up for that party, without requiring an election. Where that exception did not apply, Articles 65 and 66 of the Constitution (see paragraphs 38 and   39 below) mandated the election of deputies and general elections by the people to fill all fifty-six parliamentary seats. The said articles safeguarded the democratic principle of popular sovereignty which required the election of parliamentarians by the people. The court considered that, even though there had initially been no right to fill the seat by choosing the runner-up, as the seat had not been taken from the outset, Parliament had nonetheless retroactively conferred such a right on the applicant through the Elections (Amendment) Law 2017. This had been contrary to the principle of non-retroactivity, under which the retroactive determination of rights was unacceptable, even by amendment of a law. 24.     The minority judges believed that Parliament had amended the law to address the legislative gap identified by the Electoral Court, harmonising it without breaching the precedent set by electoral petition no. 2/2016. The claimants (Mr A.M. and Mr D.D.) had objected to the legislature’s choice to apply section   35(1) directly instead of holding by-elections. Conversely, the CRO argued that by-elections contradicted the system of proportional representation outlined in Article 66 § 2 of the Constitution, which prioritised party over individual candidates. The Electoral Court could only intervene if the law breached the Constitution, which it did not. The legislature’s decision aligned with Cyprus’s electoral system and modern democratic trends, as reflected in the Third Amendment of the Constitution. The absence of a “not taken” seat provision in the Constitution had not limited Parliament’s general legislative powers under Article 61. Therefore, Parliament had had a duty to fill the legislative gap identified by the Electoral Court, which it had done. THE APPLICANT’S THIRD DECLARATION AS AN ELECTED MP AND SUBSEQUENT ANNULMENT 25 .     On 3 October 2019 Parliament amended Articles 66 and 71 of the Constitution through the Twelfth Amendment of the Constitution (Law no.   128(I)/2019 – see paragraphs 39 and 41 below) to, inter alia , include the terms “renounced” ( “αποποιηθείσα”) , “not taken” ( “μη καταληφθείσα” ) and “vacated” ( “κενωθείσα” ) seat. 26.     On 15 October 2019 Parliament also amended section 35 of the Elections Law through the Elections (Amendment) Law 2019 (Law no.   131(I)/2019 – see paragraph 49 below) to address situations where an elected individual passed away or renounced a seat prior to the relevant affirmation in Parliament, or where a seat was not taken or was renounced during and after the entry into force of the amendments. 27 .     On 29 October 2019 the Returning Officer of the Limassol constituency declared the applicant an MP for the constituency. 28.     On 1 November 2019 the applicant made the relevant affirmation in Parliament. 29.     On 18 December 2019 Mr A.M. and Mr D.D. filed a new electoral petition (no. 1/2019) with the Electoral Court. They argued, inter alia , that the Elections (Amendment) Law 2019 violated the res judicata of the Electoral Court’s previous decisions. They further argued that the law had been applied retroactively to the 2016 elections and had substituted the opinion of the people in the choice of the legislature. They maintained that the fact that the Constitution had also been amended did not grant the legislature the power to act outside the logic of the Constitution and the principle of popular sovereignty. They reiterated that the only constitutionally and legally compatible solution to the issue was to hold by-elections. 30.     The applicant, in turn, argued that following the Third Amendment of the Constitution, the constitutional rule was the choice of a party and not a candidate, while by-elections were no longer the preferred method. The Elections (Amendment) Law 2019 did not breach precedent, as it had been enacted following the Twelfth Amendment of the Constitution and was therefore fully in line with constitutional provisions. The claimants had not suffered any harm, as the law had not changed the way in which seats were allocated to parties. As such, the Elections (Amendment) Law 2019 ensured the election results and the choice of the people as expressed on 22 May 2016. 31.     On 29 October 2020 the Electoral Court, by a majority of ten to one, held that the applicant’s election as an MP and his declaration as such by the Returning Officer was void because of an unconstitutional and unlawful regulation made under the provisions of the Twelfth Amendment of the Constitution and the Elections (Amendment) Law 2019. 32 .     The court found that the amendments violated the principle of non ‑ retroactivity and the finality of the Electoral Court’s decisions by retroactively addressing the disputed seat from the May 2016 elections. Introducing the basic structure doctrine for the first time, the court held that while Parliament could amend constitutional provisions, it could not undermine the Constitution’s fundamental structure or principles. The court acknowledged criticisms of this doctrine but emphasised its role in protecting democracy, allowing courts to intervene against “unconstitutional constitutional amendments”. In the absence of eternity clauses, some legal systems recognised indirect restrictions on the scope of constitutional amendments. The court considered that Article 66 of the Constitution could have been amended, as it had not been included in the fundamental Articles of the Constitution. However, what could not have been amended was the principle of popular sovereignty, in the sense that elections should be decided based on the electoral result by holding general elections. The electoral dispute had been resolved through petitions nos. 2/2016 and 1/2017, in accordance with Article   145 of the Constitution (see paragraph   42 below). As a result, the Twelfth Amendment of the Constitution could not apply ( δεν μπορεί να έχει ισχύ ) to issues already decided by the Electoral Court. The court further held that the Electoral Court’s decisions had been clearly based on the principle of popular sovereignty and that legitimate elections were those which were conducted based on the principle of the expression of the people as regards the choice of the legislature. The court emphasised that the issue had begun with Ms. E.T.’s letter to the CRO, as her decision had been made outside the parliamentary term. The Electoral Court had ruled that the seat had never been lawfully held by Solidarity, so the applicant, as runner-up, could not claim it. Constitutional amendments had attempted to override the Electoral Court’s decisions but could not apply to a seat that had never been occupied. These amendments had resulted in the applicant’s election through specific legislation rather than a free general election or by-election, thereby undermining popular sovereignty. The court explained that the constitutional and legal change, as enacted by Parliament, would have been acceptable had the changes concerned future cases only. Additionally, the court criticised Parliament for bypassing judicial decisions and violating the separation of powers by impermissibly amending the Constitution. Lastly, the court considered that if section 35(4) was applied in a way to also cover the applicant’s case, that would clearly violate the principle of equality under Article 28 of the Constitution. That was because Parliament, through targeted legislation, had appointed a specific person as an MP, thereby depriving other candidates, such as Mr A.M., of the right to free by ‑ elections and voters, such as Mr D.D., of the right to have their vote counted in the way they chose to vote. Accordingly, the court held that the applicant’s election and declaration as an MP was void because of an unconstitutional and unlawful regulation made under the provisions of the Twelfth Amendment of the Constitution and the Elections (Amendment) Law 2019. In addition, the court reasoned that had section 35(4) of the Law applied in a way to cover the facts of the present case, it would give retroactive effect to the law which entry into force started from the day of its publication, namely 15 October 2019. 33.     A dissenting judge opposed the application of the basic structure doctrine, arguing that the constitutional and electoral law amendments had enhanced the electoral system without harming the Constitution’s basic structure. He maintained that the principle of popular sovereignty had been upheld, as filling the seat with the first runner-up aligned with Article 66 of the Constitution and the Elections Law, which required by-elections only when other options were impossible. The judge contended that limiting Parliament’s ability to amend the Constitution would restrict popular sovereignty. He emphasised that Cyprus’s electoral system prioritised party choice, reflecting political realities, voting effectiveness and the alignment of voter preferences with the broader objectives of those seeking power. RELEVANT LEGAL FRAMEWORK   THE CONSTITUTION 34 .     Article 31 safeguards the right to vote. 35 .     Article 61 provides that legislative powers are vested in Parliament. 36 .     Article 63 provides for the right to be registered as a voter. 37 .     Article 64 sets out the eligibility requirements to stand for election to Parliament. 38 .     Article 65 provides as follows: “1. The term of office of the House of Representatives shall be for a period of five years. The term of office of the first House of Representatives shall commence on the date of the entry into force of this Constitution. 2.     The outgoing House shall continue in office until the newly elected House assumes office, in accordance with the first paragraph of this Article.” 39 .     Article 66 originally provided that a by-election would be held when a seat in Parliament became vacant, as follows: “1. A general election for the House of Representatives shall be held on the second Sunday of the month immediately preceding the month in which the term of office of the outgoing House expires. 2. A vacant parliamentary seat shall be filled by a by-election to be held within a period not exceeding forty-five days of the occurrence of such vacancy on a date to be fixed by the House of Representatives. 3. ...” In 1996 it was amended through the Third Amendment of the Constitution (Law no. 115(I)/1996). According to the preamble of Law   no.   115(I)/1996 the amendment was based on the fact that Parliament had adopted the proportional representation system which was considered to be most in line with modern democracies and which resulted in a fairer representation of the will of the people. Specifically, paragraph 2 of Article 66 was amended as follows: “(2) A vacant parliamentary seat shall be filled within a maximum period of forty ‑ five days from the vacancy, in the manner prescribed by law.” The relevant law for the purposes of Article 66 of the Constitution was the Elections Law. In 2019 Article 66 was further amended (see paragraph 25 above). It currently provides as follows: “1.   A general election for the House of Representatives shall be held on the second Sunday of the month immediately preceding the month in which the term of office of the outgoing House expires. 2.   (1) A renounced ( αποποιηθείσα ), not taken ( μη καταληφθείσα ) or vacated ( κενωθείσα ) parliamentary seat shall be filled in the manner prescribed by law. (2) Sub-paragraph (1) shall apply in relation to a renounced, not taken or vacated parliamentary seat on or after the date of entry into force of the Twelfth Amendment of the Constitution of 2019. (3) ...” 40 .     Article 69 provides that, before assuming his or her duties, an MP must make an affirmation at a public session of Parliament. 41 .     In 2019 Article 71 was amended to include a second paragraph. It currently provides as follows: “(1) The seat of a member of parliament shall become vacant: (a) upon his or her death; (b) upon his or her written resignation; (c) upon the occurrence of any of the circumstances referred to in paragraphs (c) and (d) of Article 64, or if he or she ceases to be a citizen of the Republic; and (d) upon his or her assuming the office referred to in Article 70. (2) A seat of a member of parliament shall be considered to have been renounced, or not taken, in the event that an elected candidate, prior to his or her declaration, dies or decides not to exercise his or her right to be declared, or if, after his or her declaration and before making his or her affirmation prescribed by Article 69, dies or decides not to take up his or her duties.” 42 .     Under Article 145, the Electoral Court, which took over the powers of the Supreme Constitutional Court, has exclusive jurisdiction to adjudicate finally on any election petition, made under the provisions of the Elections Law, with regard to, inter alia , the elections of MPs. LAW ON THE ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES OF 1979 – LAW NO. 72/1979 (AS AMENDED – “THE ELECTIONS LAW”) 43 .     Section 2 of the Elections Law provides, in so far as relevant, as follows: “‘by-election’ means an election to fill a vacant seat in the House of Representatives; ‘general election’ means an election to fill all seats in the House of Representatives; ‘election’ means any election for the purpose of electing a member of the House of Representatives, and includes by-elections and general elections.” 44 .     Section 32 provides as follows: Section 32 – First distribution of seats “(1) Upon the closing of the poll, the Returning Officer of each constituency shall commence the collection and classification, following the prescribed method, of the results of the election in his constituency. (2) The Returning Officer shall, immediately after the collection and classification of the results of the election in his constituency, proceed with the first allocation of seats and the declaration of the successful candidates, in accordance with the provisions of this section. A certified copy of the aforementioned document, containing the total unused remainders in his constituency, of the participating parties, coalitions ( συνασπισμό ) of parties, combinations/groups ( συνδυασμό ) of independents and individual independent candidates, shall be sent without delay to the Chief Returning Officer ( Γενικό Eφopo Εκλογής ) using the most secure method. (3) For this purpose, the total number of valid votes in the constituency shall be divided by the number of seats allocated to it. The resulting quotient, disregarding any fraction, shall constitute the electoral quota by which the electoral strength of each group/combination shall be divided, that is, the total number of valid votes in its favour in the constituency, and each group/combination shall receive as many seats as the number of times the electoral quota is wholly contained within its electoral strength. In a constituency which elects only one member of the House of Representatives, the seat shall be given to the party or coalition of parties with the relative majority or to the independent candidate or combination of independents with the relative majority. An independent candidate who receives votes equal to or greater than the electoral quota shall take one seat. (4) The seats granted to each group/combination in accordance with the above provisions shall be taken by the candidates who, in descending order, have received the greatest number of preference votes, and if there are no such candidates, in the order in which the candidates are listed on the ballot paper. In the event of a tie between two or more candidates of a group/combination, and if the number of seats granted to the group/combination is fewer than the number of tied candidates ( ισοψηφησάντων ), the matter is decided by drawing lots ( κλήρωση ), carried out by the Returning Officer in the presence of the candidates, and the candidate whose name is drawn shall be declared a member of the House of Representatives. A group/combination that includes fewer candidates than the number of seats in the constituency allocated to it under this section shall take only as many seats as it has candidates. (5) The Chief Returning Officer shall, on the basis of the statements drawn up by the Returning Officers, draw up a results table ( συντάσσει πίνακα ) for each constituency including: (a) the number of voters in the constituency; (b) the total number of voters who voted in that constituency; (c) the number of valid ballot papers; (c1) the number of blank ballot papers declared invalid; For the purposes of this subsection, the term “blank ballot paper” shall have the meaning assigned to it in section 31(5). (d) the number of invalid ballot papers; (e) the electoral strength of each group/combination and each independent candidate, that is, the total number of valid votes cast for each candidate in the constituency; (f) the number of seats allocated during the first distribution/allocation to each group/combination and independent candidate, indicating the number of candidates included in each group/combination; (g) the total number of unallocated seats remaining in the constituency after the first distribution/allocation; and (h) the total unused remainders from the first distribution, across the entire Republic, for the participating parties, coalitions of parties, groups/combinations of independents and individual independent candidates participating in the election. During the drawing up of the lists, one representative from each group/combination and the independent candidates may be present.” 45 .     Section 33 provides for the second distribution of parliamentary seats as follows: Section 33 – Second distribution of seats “(1) If, after the distribution/allocation of seats in each constituency made in accordance with the provisions of section 32, there remain unallocated seats (including those not allocated under section 32(4)), the Chief Returning Officer shall distribute the unallocated seats across the entire Republic, treating it as a single constituency. (2) (a) Subject to the provisions of subsection (2)(c), the distribution of unallocated seats under subsection (1) shall be made among the independent parties or coalition of parties that have received: (i) independent parties: at least 3.6% of the total valid votes across the entire territory of the Republic; (ii) coalitions of two parties: at least 10%; and (iii) coalitions of more than two parties: at least 20%. (b) If only one party or one coalition has obtained the respective percentages specified above, it shall participate in the second distribution/allocation, along with the next independent party in order of electoral strength, provided that its percentage is greater than the percentage of each separate party within the coalition. Otherwise, the coalition of parties that has obtained the greatest average percentage of electoral strength (calculated by dividing the total percentage of the coalition by the number of participating parties) shall participate. If no party or no coalition of parties has obtained the respective percentages specified above, then only two parties, or the party and a coalition of parties, or two coalitions of parties shall participate in the second distribution/allocation. [Participation shall be granted to those] whose electoral strength falls short of the respective minimum threshold for the second distribution by the smallest margin. (c) Irrespective of the provisions of subsections (a) and (b) above, independent parties which participate in the second distribution/allocation shall be entitled to a second seat from this distribution/allocation only if they have obtained at least 3.6% of the total valid votes across the entire territory of the Republic. (3) For the purposes of the second distribution, the total unused remainders from the first distribution of all parties and coalitions of parties participating in the second distribution throughout the entire Republic shall be aggregated. This aggregate shall be divided by the number of seats remaining unallocated. The resulting quotient, disregarding any fraction, shall constitute the electoral quota for the second distribution. Furthermore, using this electoral quota, the total unused remainders from the first distribution/allocation of all parties and coalitions of parties participating in the second distribution throughout the entire Republic shall be divided separately, and the quotient of each division, again disregarding any fraction, shall show the number of seats each party or coalition of parties shall take in the second distribution/allocation. (4) The seats allocated to each party under subsection (3) shall be distributed as follows: (a) If only one seat is to be distributed from the second distribution, it shall be given to the group/combination of the party or coalition of parties entitled to it in the constituency to which the seat belongs; (b) If more than one seat is to be distributed/allocated from the second distribution/allocation, and all such seats are given to a single party or coalition of parties, they shall be given to the groups/combinations of that party or coalition of parties, depending on the case, in the constituencies to which the seats belong. If these seats are given to more than one party or coalition of parties, they shall be distributed/allocated among them as follows: The parties or coalitions of parties entitled to the seats shall be ranked according to the number of unused remainders from the first distribution/allocation across the entire Republic, with those having the highest unused remainder ranked first. Then, in each of the constituencies in which unallocated seats remain, the unused remainders from the first distribution/allocation for each group/combination of the parties or coalitions of parties participating in the second distribution/allocation shall be identified. The seats from the second distribution/allocation shall be given, one by one, to the groups/combinations of the parties or coalitions of parties entitled to them, as follows: Beginning with the party or coalition of parties that has the highest unused remainder from the first distribution/allocation across the entire Republic, the first of the available seats shall be granted to the group/combination of that party or coalition of parties in the constituency in which it has the highest unused remainder, provided that an unallocated seat exists in that constituency. Otherwise, this seat shall be given to the constituency in which the party or coalition of parties has the next highest unused remainder. This process shall be repeated successively for the party or coalition of parties with the second highest unused remainder from the first distribution/allocation, and then for the remaining parties or coalitions of parties, as the case may be, until completion of the ranking of all parties and coalitions of parties participating in the second distribution/allocation. Thereafter, the same process shall be repeated, beginning with the constituency in which a party or group of parties has the next highest unused remainder and so on, continuing in the same sequence until the total number of seats to which each party or coalition of parties is entitled from the second distribution/allocation has been exhausted. (c) Any seats remaining unallocated after the second distribution/allocation (including those not allocated under subsection (d)) shall be given, one by one, to the party or coalition of parties that has the highest unused remainder resulting from the second distribution/allocation, provided that such party has received at least 7.2% of the total valid votes across the entire territory of the Republic, and the coalition of parties has received the percentages specified in subsection (2). [These seats] shall be given to the groups of parties or coalitions of parties that are entitled to them in accordance with the provisions of subsection (b), and proportionally. (d) the seats allocated to each party under this section shall be taken by its candidates in accordance with section 32(4).” 46 .     Section 34 of the Elections Law provides for the declaration of MPs by the CRO as follows: Section 34 – Declaration of parliamentarian “(1) The Chief Returning Officer, upon completion of the allocation/distribution of seats and the determination of the elected candidates, shall declare them individually and publish their names in the Official Gazette of the Republic. (2) The Chief Returning Officer shall subsequently certify, on each election writ transferred to him by each Returning Officer for forwarding to the Minister [of the Interior], the result of each election and the names of the elected members of the House of Representatives, and shall send this to the Minister [of the Interior].” 47.     Section 35 of the Elections Law, as amended by the Elections (Amendment) Law 1996 (Law   no.   118(I)/1996), provided as follows: Section 35 – Filling of a vacant parliamentary seat “(1) Subject to the provisions of subsection (2), if a parliamentary seat is vacated for any reason during a parliamentary term, the vacated seat shall be filled, within forty ‑ five days, by declaration of the Returning Officer ... as a member of parliament, a candidate who is still alive at the time of the declaration, of the combination of the same electoral district of the party or coalition of parties or combination of independents, who, in the case of a party or coalition of parties ... continues to belong to the same party or coalition of parties at the time of the vacating of the seat and who would have been elected in the general parliamentary elections, if the person who held the vacated seat and any other candidates of that combination either renounce their right under this subsection or do not qualify under this subsection because of death or because at the time of the vacating of the seat they did not belong to the same party or coalition of parties, did not receive more preferential votes [than him] or were not or could not have been considered under the second paragraph of section 32(4) to have been ahead of him: In the event of a tie between two or more candidates of the same combination, the provisions of the second paragraph of section 32(4) shall apply by analogy . (2) Where it is impossible to fill the vacated seat under subsection (1), a by-election shall be held in accordance with the provisions of section 35A of this [Law].” 48 .     Section 35, as amended by the Elections (Amendment) Law 2017, provided as follows: Section 35 – Filling of a not taken or vacant parliamentary seat “(1) Subject to the provisions of subsection (2), if for any reason: (a) a candidate, before the beginning of the parliamentary term, dies or does not take the parliamentary seat for which he has been declared elected; or (b) a parliamentary seat becomes vacant during a parliamentary term, the seat shall be filled, within forty-five days, by declaration of the Returning Officer ... as a member of parliament, a candidate who is still alive at the time of the declaration, of the combination of the same electoral district/constituency of the party or coalition of parties or combination of independents, who, in the case of a party or coalition of parties ... continues to belong to the same party or coalition of parties at the time of death or the non-taking or vacating of the seat and who would have been elected in the general parliamentary elections, if the person who passed away, did not accept the seat, or held the seat when it became vacant, and any other candidates of that combination either renounce their right under this subsection or do not qualify under this subsection because of death or because, at the time of death, non-acceptance or vacating of the seat they did not belong to the same party or coalition of parties, did not receive more preferential votes than him, or were not or could not have been considered under the second paragraph of section 32(4) to have been ahead of him: In the event of a tie between two or more candidates of the same combination, the provisions of the second paragraph of section 32(4) shall apply by analogy. (1A) the provisions of subsection (1) shall apply in relation to a parliamentary seat which is not taken or vacant on or after the date of entry into force of the [Elections (Amendment) Law] 2017. (2) Where it is impossible to fill the vacated seat under subsection (1), a by-election shall be held in accordance with the provisions of section 35A of this [Law].” 49 .     Section 35, as amended by the Elections (Amendment) Law 2019, currently provides as follows: Section 35 – Filling of a vacant parliamentary seat “(1) Subject to the provisions of subsection (2), if a parliamentary seat is vacated for any reason during a parliamentary term, the vacated seat shall be filled, within forty ‑ five days, by declaration of the Returning Officer ... as a member of parliament, a candidate who is still alive at the time of the declaration, of the combination of the same constituency of the party or coalition of parties or combination of independents, who, in the case of a party or coalition of parties ... continues to belong to the same party or coalition of parties at the time of the vacating of the seat and who would have been elected in the general parliamentary elections, if the person who held the vacated seat and any other candidates of that combination either renounce their right under this subsection or do not qualify under this subsection because of death or because at the time of the vacating of the seat they did not belong to the same party or coalition of parties, did not receive more preferential votes than him or were not or could not have been considered under section 32(4) to have been ahead of him: In the event of a tie between two or more candidates of the same combination, the provisions of the second paragraph of section 32(4) shall apply by analogy. (2) Where it is impossible to fill the vacated seat under subsection (1), a by-election shall be held in accordance with the provisions of section 35Α of this [Law]. (3) The provisions of subsections (1) and (2) shall apply, mutatis mutandis , in the event that: (a) an elected candidate before his declaration, in accordance with the provisions of section 34, dies or renounces his right to be declared, (b) an elected candida