What can a person do if she could not cast her vote during EU parliamentary elections?





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9

















European Parliament elections has passed and Romanian diaspora once again had serious difficulties in casting a vote (Bristol Post, Dubai City Reporter, Vice).




Thousands of Romanian diaspora protested outside embassies and polling
stations across Europe Sunday after long queues left many unable to
vote.




This is not a surprise as similar events have happened in 2014, during the presidential elections:




Following very long voting times and large numbers of people who
couldn't vote before the closing of polls in diaspora, large protests
were staged in multiple cities across Romania and at Romanian
embassies before the second round. This was regarded as both
incapacity and unwillingness of Ponta's government to organize fair
elections, and led to a surprisingly large turnout of over 64%
(largest since 1996), and a surprise win for Iohannis in the second
round.




I am wondering how can a person who was denied the right to vote react to this? Is it possible to sue the government for denying the right to vote.



Question: What can a person do if she could not cast her vote during EU parliamentary elections?










share|improve this question



























  • See law.stackexchange.com/q/41423/287 - we don't have one european election but 28 national elections.

    – Martin Schröder
    May 28 at 21:43




















9

















European Parliament elections has passed and Romanian diaspora once again had serious difficulties in casting a vote (Bristol Post, Dubai City Reporter, Vice).




Thousands of Romanian diaspora protested outside embassies and polling
stations across Europe Sunday after long queues left many unable to
vote.




This is not a surprise as similar events have happened in 2014, during the presidential elections:




Following very long voting times and large numbers of people who
couldn't vote before the closing of polls in diaspora, large protests
were staged in multiple cities across Romania and at Romanian
embassies before the second round. This was regarded as both
incapacity and unwillingness of Ponta's government to organize fair
elections, and led to a surprisingly large turnout of over 64%
(largest since 1996), and a surprise win for Iohannis in the second
round.




I am wondering how can a person who was denied the right to vote react to this? Is it possible to sue the government for denying the right to vote.



Question: What can a person do if she could not cast her vote during EU parliamentary elections?










share|improve this question



























  • See law.stackexchange.com/q/41423/287 - we don't have one european election but 28 national elections.

    – Martin Schröder
    May 28 at 21:43
















9












9








9








European Parliament elections has passed and Romanian diaspora once again had serious difficulties in casting a vote (Bristol Post, Dubai City Reporter, Vice).




Thousands of Romanian diaspora protested outside embassies and polling
stations across Europe Sunday after long queues left many unable to
vote.




This is not a surprise as similar events have happened in 2014, during the presidential elections:




Following very long voting times and large numbers of people who
couldn't vote before the closing of polls in diaspora, large protests
were staged in multiple cities across Romania and at Romanian
embassies before the second round. This was regarded as both
incapacity and unwillingness of Ponta's government to organize fair
elections, and led to a surprisingly large turnout of over 64%
(largest since 1996), and a surprise win for Iohannis in the second
round.




I am wondering how can a person who was denied the right to vote react to this? Is it possible to sue the government for denying the right to vote.



Question: What can a person do if she could not cast her vote during EU parliamentary elections?










share|improve this question














European Parliament elections has passed and Romanian diaspora once again had serious difficulties in casting a vote (Bristol Post, Dubai City Reporter, Vice).




Thousands of Romanian diaspora protested outside embassies and polling
stations across Europe Sunday after long queues left many unable to
vote.




This is not a surprise as similar events have happened in 2014, during the presidential elections:




Following very long voting times and large numbers of people who
couldn't vote before the closing of polls in diaspora, large protests
were staged in multiple cities across Romania and at Romanian
embassies before the second round. This was regarded as both
incapacity and unwillingness of Ponta's government to organize fair
elections, and led to a surprisingly large turnout of over 64%
(largest since 1996), and a surprise win for Iohannis in the second
round.




I am wondering how can a person who was denied the right to vote react to this? Is it possible to sue the government for denying the right to vote.



Question: What can a person do if she could not cast her vote during EU parliamentary elections?







european-union voting civil-rights






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asked May 28 at 7:50









AlexeiAlexei

20.5k24 gold badges114 silver badges215 bronze badges




20.5k24 gold badges114 silver badges215 bronze badges
















  • See law.stackexchange.com/q/41423/287 - we don't have one european election but 28 national elections.

    – Martin Schröder
    May 28 at 21:43





















  • See law.stackexchange.com/q/41423/287 - we don't have one european election but 28 national elections.

    – Martin Schröder
    May 28 at 21:43



















See law.stackexchange.com/q/41423/287 - we don't have one european election but 28 national elections.

– Martin Schröder
May 28 at 21:43







See law.stackexchange.com/q/41423/287 - we don't have one european election but 28 national elections.

– Martin Schröder
May 28 at 21:43












2 Answers
2






active

oldest

votes


















4


















In practice, very little can be done.



There are a couple of scenarios that could be described.



Firstly it may be that the government or the body running the election is basically fair. However either it is interpreting its own rules too exactly, or its rules are unclear and being applied inconsistently, or there are various local problems. In most cases, this would mean that either the problems would not have changed the result of the election. Or that the result stands even though some might see it as unfair. In this situation, it is unlikely that there will be any way for a person to vote, or get a re-run of the election.



If the election is so disrupted as to make the result completely invalid, then the goverment might choose abandon the election. An example of this might be a major earthquake that means that it is impossible to run the election. Such an act may be extraconstitutional.



For example if the rules state, "you must be inside the polling station before 11pm CET" and don't allow for any flexibility for people queuing outside. And the rules were published and agreed in advance, then merely applying the rules doesn't mean the vote is invalid, even though it may seem unfair.



The other scenario is that the government is basically unfair, and are holding a deliberately rigged election. In which case, there is no reason to think that the government would want to re-do the election. The only way to get a vote would be from outside action, for example through the European Court. Such a process is extremely slow.



In general, anyone can sue over anything, but in order to sue successfully, you would need to demonstrate the damage that is done to you as an individual, and it is very hard to demonstrate the damage done to an individual in such a way that a court can award damages. You would also need to show that the rules were being broken.



If the result is in doubt, then there may be action that can be taken through the constitutional courts by the losing campaign. But this can't be done directly by an individual voter.






share|improve this answer


































    5


















    The only practical thing seems to be to sue the government, in the hope of forcing them to provide adequate opportunity to vote next time. That is happening in the UK with EU citizens who were wrongly denied a vote due to lack of effort on the government's part, but it won't change the result or cause the last election to be re-run.






    share|improve this answer




























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      2 Answers
      2






      active

      oldest

      votes








      2 Answers
      2






      active

      oldest

      votes









      active

      oldest

      votes






      active

      oldest

      votes









      4


















      In practice, very little can be done.



      There are a couple of scenarios that could be described.



      Firstly it may be that the government or the body running the election is basically fair. However either it is interpreting its own rules too exactly, or its rules are unclear and being applied inconsistently, or there are various local problems. In most cases, this would mean that either the problems would not have changed the result of the election. Or that the result stands even though some might see it as unfair. In this situation, it is unlikely that there will be any way for a person to vote, or get a re-run of the election.



      If the election is so disrupted as to make the result completely invalid, then the goverment might choose abandon the election. An example of this might be a major earthquake that means that it is impossible to run the election. Such an act may be extraconstitutional.



      For example if the rules state, "you must be inside the polling station before 11pm CET" and don't allow for any flexibility for people queuing outside. And the rules were published and agreed in advance, then merely applying the rules doesn't mean the vote is invalid, even though it may seem unfair.



      The other scenario is that the government is basically unfair, and are holding a deliberately rigged election. In which case, there is no reason to think that the government would want to re-do the election. The only way to get a vote would be from outside action, for example through the European Court. Such a process is extremely slow.



      In general, anyone can sue over anything, but in order to sue successfully, you would need to demonstrate the damage that is done to you as an individual, and it is very hard to demonstrate the damage done to an individual in such a way that a court can award damages. You would also need to show that the rules were being broken.



      If the result is in doubt, then there may be action that can be taken through the constitutional courts by the losing campaign. But this can't be done directly by an individual voter.






      share|improve this answer































        4


















        In practice, very little can be done.



        There are a couple of scenarios that could be described.



        Firstly it may be that the government or the body running the election is basically fair. However either it is interpreting its own rules too exactly, or its rules are unclear and being applied inconsistently, or there are various local problems. In most cases, this would mean that either the problems would not have changed the result of the election. Or that the result stands even though some might see it as unfair. In this situation, it is unlikely that there will be any way for a person to vote, or get a re-run of the election.



        If the election is so disrupted as to make the result completely invalid, then the goverment might choose abandon the election. An example of this might be a major earthquake that means that it is impossible to run the election. Such an act may be extraconstitutional.



        For example if the rules state, "you must be inside the polling station before 11pm CET" and don't allow for any flexibility for people queuing outside. And the rules were published and agreed in advance, then merely applying the rules doesn't mean the vote is invalid, even though it may seem unfair.



        The other scenario is that the government is basically unfair, and are holding a deliberately rigged election. In which case, there is no reason to think that the government would want to re-do the election. The only way to get a vote would be from outside action, for example through the European Court. Such a process is extremely slow.



        In general, anyone can sue over anything, but in order to sue successfully, you would need to demonstrate the damage that is done to you as an individual, and it is very hard to demonstrate the damage done to an individual in such a way that a court can award damages. You would also need to show that the rules were being broken.



        If the result is in doubt, then there may be action that can be taken through the constitutional courts by the losing campaign. But this can't be done directly by an individual voter.






        share|improve this answer





























          4














          4










          4









          In practice, very little can be done.



          There are a couple of scenarios that could be described.



          Firstly it may be that the government or the body running the election is basically fair. However either it is interpreting its own rules too exactly, or its rules are unclear and being applied inconsistently, or there are various local problems. In most cases, this would mean that either the problems would not have changed the result of the election. Or that the result stands even though some might see it as unfair. In this situation, it is unlikely that there will be any way for a person to vote, or get a re-run of the election.



          If the election is so disrupted as to make the result completely invalid, then the goverment might choose abandon the election. An example of this might be a major earthquake that means that it is impossible to run the election. Such an act may be extraconstitutional.



          For example if the rules state, "you must be inside the polling station before 11pm CET" and don't allow for any flexibility for people queuing outside. And the rules were published and agreed in advance, then merely applying the rules doesn't mean the vote is invalid, even though it may seem unfair.



          The other scenario is that the government is basically unfair, and are holding a deliberately rigged election. In which case, there is no reason to think that the government would want to re-do the election. The only way to get a vote would be from outside action, for example through the European Court. Such a process is extremely slow.



          In general, anyone can sue over anything, but in order to sue successfully, you would need to demonstrate the damage that is done to you as an individual, and it is very hard to demonstrate the damage done to an individual in such a way that a court can award damages. You would also need to show that the rules were being broken.



          If the result is in doubt, then there may be action that can be taken through the constitutional courts by the losing campaign. But this can't be done directly by an individual voter.






          share|improve this answer














          In practice, very little can be done.



          There are a couple of scenarios that could be described.



          Firstly it may be that the government or the body running the election is basically fair. However either it is interpreting its own rules too exactly, or its rules are unclear and being applied inconsistently, or there are various local problems. In most cases, this would mean that either the problems would not have changed the result of the election. Or that the result stands even though some might see it as unfair. In this situation, it is unlikely that there will be any way for a person to vote, or get a re-run of the election.



          If the election is so disrupted as to make the result completely invalid, then the goverment might choose abandon the election. An example of this might be a major earthquake that means that it is impossible to run the election. Such an act may be extraconstitutional.



          For example if the rules state, "you must be inside the polling station before 11pm CET" and don't allow for any flexibility for people queuing outside. And the rules were published and agreed in advance, then merely applying the rules doesn't mean the vote is invalid, even though it may seem unfair.



          The other scenario is that the government is basically unfair, and are holding a deliberately rigged election. In which case, there is no reason to think that the government would want to re-do the election. The only way to get a vote would be from outside action, for example through the European Court. Such a process is extremely slow.



          In general, anyone can sue over anything, but in order to sue successfully, you would need to demonstrate the damage that is done to you as an individual, and it is very hard to demonstrate the damage done to an individual in such a way that a court can award damages. You would also need to show that the rules were being broken.



          If the result is in doubt, then there may be action that can be taken through the constitutional courts by the losing campaign. But this can't be done directly by an individual voter.







          share|improve this answer













          share|improve this answer




          share|improve this answer



          share|improve this answer










          answered May 28 at 9:24









          James KJames K

          45k8 gold badges124 silver badges188 bronze badges




          45k8 gold badges124 silver badges188 bronze badges




























              5


















              The only practical thing seems to be to sue the government, in the hope of forcing them to provide adequate opportunity to vote next time. That is happening in the UK with EU citizens who were wrongly denied a vote due to lack of effort on the government's part, but it won't change the result or cause the last election to be re-run.






              share|improve this answer































                5


















                The only practical thing seems to be to sue the government, in the hope of forcing them to provide adequate opportunity to vote next time. That is happening in the UK with EU citizens who were wrongly denied a vote due to lack of effort on the government's part, but it won't change the result or cause the last election to be re-run.






                share|improve this answer





























                  5














                  5










                  5









                  The only practical thing seems to be to sue the government, in the hope of forcing them to provide adequate opportunity to vote next time. That is happening in the UK with EU citizens who were wrongly denied a vote due to lack of effort on the government's part, but it won't change the result or cause the last election to be re-run.






                  share|improve this answer














                  The only practical thing seems to be to sue the government, in the hope of forcing them to provide adequate opportunity to vote next time. That is happening in the UK with EU citizens who were wrongly denied a vote due to lack of effort on the government's part, but it won't change the result or cause the last election to be re-run.







                  share|improve this answer













                  share|improve this answer




                  share|improve this answer



                  share|improve this answer










                  answered May 28 at 11:02









                  useruser

                  14.8k3 gold badges33 silver badges55 bronze badges




                  14.8k3 gold badges33 silver badges55 bronze badges


































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