THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
31
... - the principle of equality of treatment ...”. Thus, already at that time the
Court recognised that “freedom of expression” was an important part of the
“free expression of the opinion”. The interrelation between free elections
and freedom of expression was also emphasised in Bowman v. the United
Kingdom (judgment of 19 February 1998, Reports 1998-I, § 42), where the
Court held that “it is particularly important in the period preceding an
election that opinions and information of all kinds are permitted to circulate
freely”. Lastly, in Yumak and Sadak v. Turkey [GC], cited above, the Court
held that the State was under an obligation to adopt positive measures to
organise elections “under conditions which will ensure the free expression
of the opinion of the people in the choice of the legislature”.
108. The Court is mindful of the stance taken by the Venice
Commission that “equality of opportunity” shall be guaranteed to all parties
and candidates alike entailing a neutral attitude by state authorities, in
particular with regard to the election campaign and coverage by the media
(see paragraph 51 above). That being said, the Court observes that Article 3
of Protocol No. 1 was not conceived as a code on electoral matters,
designed to regulate all aspects of the electoral process. There are numerous
ways of organising and running electoral systems and a wealth of
differences, inter alia, in historical development, cultural diversity and
political thought within Europe, which it is for each Contracting State to
mould into its own democratic vision (see Ždanoka v. Latvia [GC], no.
58278/00, § 103, ECHR 2006-IV). The States “enjoy considerable latitude
to establish rules within their constitutional order governing parliamentary
elections and the composition of the parliament, and ... the relevant criteria
may vary according to the historical and political factors peculiar to each
State” (see Aziz v. Cyprus, no. 69949/01, § 28, ECHR 2004-V).
109. The Court recalls that this case is primarily about the applicants’
participation in the elections as candidates, i.e. about the passive electoral
right. In the context of the “passive” aspect of the rights guaranteed by
Article 3 of Protocol No. 1, the Court has stressed that it would be “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”
(see Yumak and Sadak, cited above, § 109).
110. While this margin of appreciation is wide, it is certainly not allembracing: the rules governing the electoral system “should not be such as
to exclude some persons or groups of persons from participating in the
political life of the country and, in particular, in the choice of the legislature,
a right guaranteed by both the Convention and the Constitutions of all
Contracting States” (ibid.). 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 the restrictions imposed do not thwart the
free expression of the opinion of the people.