36 ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT the methods adopted and the effects they entail are in conformity with the Convention (see Gorzelik and Others v. Poland [GC], no. 44158/98, § 67, ECHR 2004-I). 113. The Court also made the following findings in Animal Defenders International [internal references omitted], which are of relevance in the present case: “106. ... It is recalled that a State can, consistently with the Convention, adopt general measures which apply to pre-defined situations regardless of the individual facts of each case even if this might result in individual hard cases ... 108. It emerges from that case-law that, in order to determine the proportionality of a general measure, the Court must primarily assess the legislative choices underlying it ... The quality of the parliamentary and judicial review of the necessity of the measure is of particular importance in this respect, including to the operation of the relevant margin of appreciation ... It is also relevant to take into account the risk of abuse if a general measure were to be relaxed, that being a risk which is primarily for the State to assess ... A general measure has been found to be a more feasible means of achieving the legitimate aim than a provision allowing a case-by-case examination, when the latter would give rise to a risk of significant uncertainty as well as of discrimination and arbitrariness ... The application of the general measure to the facts of the case remains, however, illustrative of its impact in practice and is thus material to its proportionality ... 109. It follows that the more convincing the general justifications for the general measure are, the less importance the Court will attach to its impact in the particular case ... 110. The central question as regards such measures is not ... whether less restrictive rules should have been adopted or, indeed, whether the State could prove that, without the prohibition, the legitimate aim would not be achieved. Rather the core issue is whether, in adopting the general measure and striking the balance it did, the legislature acted within the margin of appreciation afforded to it ... 111. ... While the risk to pluralist public debates, elections and the democratic process would evidently be more acute during an electoral period, the Bowman judgment does not suggest that that risk is confined to such periods since the democratic process is a continuing one to be nurtured at all times by a free and pluralist public debate ... Accordingly, it is relevant to recall that there is a wealth of historical, cultural and political differences within Europe so that it is for each State to mould its own democratic vision ... By reason of their direct and continuous contact with the vital forces of their countries, their societies and their needs, the legislative and judicial authorities are best placed to assess the particular difficulties in safeguarding the democratic order in their State ... The State must therefore be accorded some discretion as regards this country-specific and complex assessment which is of central relevance to the legislative choices at issue ...” (ii) Application of the principles in the present case (α) Margin of appreciation 114. Having delimited the scope of the case before it (paragraphs 94-96 above) and bearing in mind the legitimate aim sought to be pursued

Select target paragraph3