STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
Kingdom [GC], no. 24833/94, § 63, ECHR 1999-I; see also Labita v. Italy [GC],
no. 26772/95, § 201, ECHR 2000-IV, and Podkolzina v. Latvia, no. 46726/99, § 33,
ECHR 2002-II). ...
62. It is, however, 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 conditions 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, p. 23, § 52). In particular, any
conditions imposed 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. For example, the imposition of a
minimum age may be envisaged with a view to ensuring the maturity of those
participating in the electoral process or, in some circumstances, eligibility may be
geared to criteria, such as residence, to identify those with sufficiently continuous or
close links to, or a stake in, the country concerned (see 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 it
promulgates. Exclusion of any groups or categories of the general population must
accordingly be reconcilable with the underlying purposes of Article 3 of Protocol
No. 1 (see, mutatis mutandis, Aziz v. Cyprus, no. 69949/01, § 28, ECHR 2004-V).”
92. In addition to the principle above about the margin of appreciation
being wide in this area, the Court recalls that the quality of the
parliamentary and judicial review of the necessity of a general measure,
such as the disputed disenfranchisement imposed as a consequence of
declaring a person legally incompetent, is of particular importance,
including to the operation of the relevant margin of appreciation (see,
among others, Animal Defenders International v. the United Kingdom [GC],
no. 48876/08, § 108, ECHR 2013 (extracts), and Correia de Matos
v. Portugal [GC], no. 56402/12, §§ 117 and 129, 4 April 2018).
93. Another factor which has impact on the scope of the margin of
appreciation is the Court’s fundamentally subsidiary role in the Convention
protection system. The Contracting Parties, in accordance with the principle
of subsidiarity, have the primary responsibility to secure the rights and
freedoms defined in the Convention and the Protocols thereto, and in doing
so they enjoy a margin of appreciation, subject to the supervisory
jurisdiction of the Court. Through their democratic legitimation, the national
authorities are, as the Court has held on many occasions, in principle better
placed than an international court to evaluate local needs and conditions
(see, inter alia, Lekić v. Slovenia [GC], no. 36480/07, § 108, 11 December
2018).
(b) Application of the general principles to the present case
94. In the present case the applicants had been declared legally
incompetent. Consequently, they were disenfranchised and prevented from
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