Lo scrutinio della Corte EDU sul diritto di voto dei detenuti fra interpretazione convenzionalmente conforme e limiti generalizzati al suffragio

The ECtHR’s scrutiny on prisoners’ voting rights between interpretation in conformity with the Convention and blanket restrictions to suffrage

Abstract

Abstract: The ECtHR’s scrutiny on prisoners’ voting rights between interpretation in conformity with the Convention and blanket restrictions to suffrage – The article addresses the ECtHR’s approach to prisoners’ voting rights by analysing how the Court of Strasbourg has scrutinized blanket restrictions to suffrage against the principle of universality of suffrage. Highlighting the ECtHR’s commitment to ensure that equal access to suffrage is not unreasonably denied on account of other personal conditions such as mental impairment and residence abroad, the text discusses whether the resort to techniques of interpretation in conformity with the Convention by domestic judges may be considered a legitimate means to reconcile national legislations with the principles developed by the ECtHR.

Keywords: Prisoners’ voting rights; Blanket restrictions; Concrete judicial review; Separation of powers; ECtHR.