SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT
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of the people”. Subject to that reservation, it does not create any “obligation
to introduce a specific system” such as proportional representation or
majority voting with one or two ballots (see Mathieu-Mohin and Clerfayt,
cited above, § 54).
66. 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 Hirst v. the
United Kingdom (no. 2) [GC], no. 74025/01, § 61, ECHR 2005-IX). For the
purposes of applying Article 3 of Protocol No. 1, any electoral legislation
must be assessed in the light of the political evolution of the country
concerned, so that features that would be unacceptable in the context of one
system may be justified in the context of another, at least so long as the
chosen system provides for conditions which will ensure the “free
expression of the opinion of the people in the choice of the legislature” (see
Yumak and Sadak v. Turkey [GC], no. 10226/03, § 111, ECHR 2008).
Furthermore, since the Convention is first and foremost a system for the
protection of human rights, the Court must have regard to the changing
conditions within the respondent State and within Contracting States
generally and respond, for example, to any emerging consensus as to the
standards to be achieved. In this regard, one of the relevant factors in
determining the scope of the authorities’ margin of appreciation may be the
existence or non-existence of common ground between the laws of the
Contracting States (see Glor v. Switzerland, no. 13444/04, § 75, ECHR
2009).
67. It should also be noted that, in the context of Article 3 of Protocol
No. 1, the primary obligation is not one of abstention or non-interference, as
with the majority of civil and political rights, but one of adoption by the
State of positive measures to “hold” democratic elections (see MathieuMohin and Clerfayt, cited above, § 50). In this regard the Court also takes
into consideration the fact that the right to vote, the “active” element of the
rights under Article 3 of Protocol No. 1, is not a privilege. In the twentyfirst century, the presumption in a democratic State must be in favour of
inclusion (see Hirst, cited above, § 59).
68. Accordingly, the exclusion from the right to vote of any groups or
categories of the general population must be reconcilable with the
underlying purposes of Article 3 of Protocol No. 1 (see Ždanoka, cited
above, § 105). The Court has held, inter alia, that domestic legislation
making the right to vote subject to a minimum age or to residence
conditions is, in principle, compatible with Article 3 of Protocol No. 1 (see
Hirst, § 62, and Hilbe, both cited above). It has acknowledged that any
general, automatic and indiscriminate departure from the principle of
universal suffrage risks undermining the democratic validity of the
legislature thus elected and the laws it promulgates (see Hirst, cited above).