ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT 13 representative of a mass media outlet cannot be classified as an offence in the absence of a campaigning purpose. - The relevant provisions of the Act did not permit an extensive interpretation of the notion of “pre-election campaigning” in so far as the ban concerns the professional activities of mass media. The relevant provisions mean that unlawful campaigning includes only the premeditated acts listed in section 48 § 2, which are directly aimed at such campaigning and differ from providing information to the voters. 45. The Constitutional Court also ruled that section 45 § 5 should not be interpreted as providing a basis for prohibiting the mass media from expressing their opinions or from comment outside specific news bulletins. The Constitutional Court stated that “other actions” (beyond those listed in section 48), aimed at inducing voters to vote for candidates, lists of candidates or against them, against all candidates or against all lists, should not be treated as “pre-election campaigning”. The Constitutional Court concluded that this constitutional interpretation of the relevant provisions of the Electoral Rights Act excludes any other interpretation in judicial practice and also any other interpretation of similar provisions of other legislation. The Constitutional Court also stated that this constitutional interpretation of the legal provisions was mandatory for everyone and excluded any other interpretation by the courts in respect of the same provisions or similar provisions of other legal acts. Furthermore, the Constitutional Court concluded in respect of the individual applicants that their cases were to be re-examined, unless there were obstacles to doing so. (ii) Separate opinions (α) Judge Gadzhiyev 46. Judge Gadzhiyev expressed a separate opinion, noting that in Bowman v. the United Kingdom (cited above) the European Court assessed the freedom of expression in the light of the right to free elections, which means that neither has priority over the other. This is the only kind of approach which makes it possible to seek a balance between these equally valued fundamental rights. The exercise of one right creates “inherent boundaries” for the other right. Having regard to Article 15 of the Russian Constitution, which defines Russia’s international treaties as “an integral part of its legal system”, the choice between the relevant legitimate aims may be used to set limits on a protected right, in line with the European Convention. Given the aims listed in Article 10 of the European Convention, only some of the aims listed in Article 55 of the Russian Constitution may be referred to when limits are set on the freedom to express opinions.