responsibility. Moreover, the lack of a fixed, predictable, and reasonable period may lead to
an arbitrary exercise of discretion over sanctions at an unexpected time for the sanctioned
person (para. 205).
32.
Therefore, taking into account the comprehensive interpretation of the norm
established in Article 23(2) of the Convention, upon assessing the right to be elected of a
citizen and the failure to meet the requirements of foreseeability and proportionality, the
restrictions determined by the administrative authority was not justified nor consistent with
the Convention.
Diego García-Sayán
Judge
Pablo Saavedra Alessandri
Secretary
8
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