Guðmundur Gunnarsson and Magnús Davíð Norðdahl v. Iceland, Nos. 24159/22, 25751/22, ECtHR (Third Section), 16 April 2024

Electoral complaints and violation of the ECHR in relation to the general election in Iceland

Art. 3, Prot. 1 ECHR
Art. 13 ECHR

1. Guðmundur Gunnarsson and Magnús Davíð Norðdahl, unsuccessful candidates in the 2021 Icelandic parliamentary elections, challenged the result in the north-western constituency, where a recount had changed the allocation of seats. The appellants complained about the lack of a legal basis for the recount, the inadequate storage of ballot papers, the lack of transparency in the procedure and unexplained variations in the votes. The electoral commission identified some irregularities, in particular the lack of supervision of the ballot papers between the two counts; however, it did not take a unified position on a resolution and did not make any specific recommendations. The Credentials Committee submitted three conflicting proposals to the Althingi (Parliament). Parliament finally voted to confirm all 63 elected members, rejecting new elections.

2. The ECtHR found that there had been real irregularities in the electoral process and that the recount had not been sufficiently transparent. It noted the absence of rules ensuring the impartiality of members of Parliament in deciding on appeals, with potential conflicts of interest. Furthermore, it found that the decision-making power of the Althingi was too broad and not sufficiently regulated by law, thus constituting a violation of Article 3 of Protocol No. 1. While acknowledging that the procedure had been formal and participatory, it considered the guarantees of impartiality and legal certainty to be inadequate. Consequently, it also found a violation of Article 13 of the Convention due to the lack of an effective domestic remedy.