ANATOLIY MARINOV v. BULGARIA JUDGMENT
44. However, the rights guaranteed under Article 3 of Protocol No. 1 are
not absolute. There is room for implied limitations, and the Contracting States
have a margin of appreciation in this sphere, which generally is a wide one
(see the above-cited cases of Mathieu-Mohin and Clerfayt, § 52, and
Selahattin Demirtaş, § 387). At the same time, the Court reiterates that if a
restriction on the right to vote applies to a particularly vulnerable group in
society that has suffered considerable discrimination, such as the mentally
disabled, then the margin of appreciation of the State in question is
substantially narrower. The reason for this approach, which questions certain
classifications per se, is that such groups have been historically subject to
prejudice with lasting consequences, resulting in their social exclusion. Such
prejudice may entail legislative stereotyping that prohibits the individualised
evaluation of their capacities and needs (see Alajos Kiss, cited above, § 42).
The Court emphasises, in that respect, 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
incapable, is of particular importance, including to the operation of the
relevant margin of appreciation (see Strøbye and Rosenlind v. Denmark,
nos. 25802/18 and 27338/18, § 92, 2 February 2021).
45. Another factor that has had an impact on the scope of States’ 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; and Strøbye
and Rosenlind, cited above, § 93).
46. It is for the Court to finally determine whether the requirements of
Article 3 of Protocol No. 1 have been complied with. It has to satisfy itself
that the limitations imposed on the exercise of the rights under Article 3 of
Protocol No. 1 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 the above-cited cases of Mathieu-Mohin and
Clerfayt, § 52, and Selahattin Demirtaş, § 387).
47. In addition, any conditions imposed must not thwart the “free
expression of the people in their choice of legislature” (see Selahattin
Demirtaş, cited above, § 388). 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. Any departure from the principle of universal suffrage
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