28
YUMAK AND SADAK v. TURKEY JUDGMENT
whether the restriction has interfered with the free expression of the opinion
of the people.
(iv) However, it is for the Court to determine in the last resort whether
the requirements of Article 3 of Protocol No. 1 have been complied with. It
has to satisfy itself that limitations do not curtail the rights in question to
such an extent as to impair their very essence, and deprive them of their
effectiveness; that they are imposed in pursuit of a legitimate aim and that
the means employed are not disproportionate (see Mathieu-Mohin and
Clerfayt, cited above, § 52). In particular, any such conditions must not
thwart the free expression of the people in the choice of the legislature – in
other words, they must reflect, or not run counter to, the concern to maintain
the integrity and effectiveness of an electoral procedure aimed at identifying
the will of the people through universal suffrage (see Hirst (no. 2), cited
above, § 62; Hilbe v. Liechtenstein (dec.), no. 31981/96, ECHR 1999-VI;
and Melnychenko v. Ukraine, no. 17707/02, § 56, ECHR 2004-X). Any
departure from the principle of universal suffrage risks undermining the
democratic validity of the legislature thus elected and the laws which it
promulgates (see Hirst (no. 2), cited above, § 62).
(v) As regards the right to stand as a candidate for election, that is, the
so-called “passive” aspect of the rights guaranteed by Article 3 of Protocol
No. 1, the Court has been even more cautious in its assessment of
restrictions in that context than when it has been called upon to examine
restrictions on the right to vote, that is, the so-called “active” element of the
rights under Article 3 of Protocol No. 1. In Melnychenko (cited above,
§ 57), the Court observed that stricter requirements may be imposed on
eligibility to stand for election to Parliament than is the case for eligibility to
vote. On that point, it took the view that, while it is true that States have a
wide margin of appreciation when establishing eligibility conditions in the
abstract, the principle that rights must be effective requires that the
eligibility procedure contain sufficient safeguards to prevent arbitrary
decisions (ibid. § 59; see also, mutatis mutandis, Podkolzina, cited above,
§ 35).
(vi) Similarly, the Court has held that, once the wishes of the people
have been freely and democratically expressed, no subsequent amendment
to the organisation of the electoral system may call that choice into
question, except in the presence of compelling grounds for the democratic
order (see Lykourezos v. Greece, no. 33554/03, § 52, ECHR 2006-VIII).
(b) Electoral systems and thresholds
110. The Court reiterates that the Contracting States enjoy a wide
margin of appreciation when it comes to determination of the type of ballot
through which the free expression of the opinion of the people in the choice
of the legislature is mediated. In that regard, Article 3 of Protocol No. 1
goes no further than prescribing “free” elections held at “reasonable