Unele aspecte referitoare la caracterul „liber exprimat” al dreptului la vot
Certain issues regarding the “freely expressed” nature of the voting right

Summary/Abstract: Through this article, based on the analysis of the features the right to vote presents in the Romanian constitutional system, making also a brief overview of the ECHR case law, we wanted, on the one hand, to highlight the importance the “freely expressed” character of the right to vote holds in strengthening democracy, and on the other hand we aimed unconstitutionality regarding the Romanian electoral system, of any regulations concerning the introduction of compulsory voting. Freely expressed character of the right to vote is an expression of the freedom of choice of voters, related to the election of its representative bodies, freedom aiming at both the turnout and the absence of any defect likely to alter the consent of the voter. Since we are in the presence of a fundamental right, the right to vote must be in accordance with Art. 20 of the Constitution, interpreted and applied in accordance with the Universal Declaration of Human Rights, with the covenants and treaties to which Romania is a party. The European Convention on Human Rights stipulates at Art. no. 3 of the Protocol no. 1 that “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, provided that it ensures the free expression of the people’s opinion in the choice of the legislature.”

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