New Condemnation of Cyprus by the ECHR

New Condemnation of Cyprus by the ECHR

Cyprus violated the right to free elections after failing to fill a parliamentary seat left vacant since 2016.

The European Court of Human Rights (ECHR) has unanimously condemned Cyprus for violating the right to free elections, following the long-running case of Georgios Papadopoulos, a runner-up candidate of the Solidarity Movement in the 2016 parliamentary elections.

In its ruling on Georgios Papadopoulos v. Cyprus (application no. 21454/21), issued on 9 October 2025, the Court found a breach of Article 3 of Protocol No. 1 of the European Convention on Human Rights, which safeguards the right to free and fair elections. The case centered on a legislative gap that left a parliamentary seat unfilled for nearly an entire term.

The dispute began when Solidarity Movement leader Eleni Theocharous, elected to parliament in 2016, chose to remain a Member of the European Parliament instead. As the next in line, Papadopoulos was appointed to the vacant seat—but the Electoral Court annulled his appointment three times (in 2017, 2018, and 2020), ruling that there was no constitutional or legal mechanism to allow such a replacement.

Although the House of Representatives later attempted to amend both the electoral law and the Constitution to resolve the issue, the courts deemed these changes unconstitutional or retroactive, arguing they undermined popular sovereignty. The ECHR concluded that the absence of any mechanism—whether through appointment of the runner-up or by holding a by-election—resulted in an extended vacancy and deprived voters of proper representation.

“The authorities’ failure to address the issue effectively, either legislatively or judicially, violated the applicant’s and the electorate’s right to free elections,” the judgment stated.

Cyprus was ordered to pay Papadopoulos €8,000 in compensation for non-pecuniary damages.

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