Chapter 1: International Standards to the principle of free and fair elections.87 Moreover, the traditional tests of “necessity” or “pressing social need” do not apply.88 The Court also pointed out that electoral legislation should be construed in the light of the political evolution of the country concerned. In this case, the Court stated that the requirements for the right to stand for an election may be stricter than for eligibility to vote.89 The Court checked the compatibility of the restriction with the principle of the rule of law and the general objectives of the Convention (State’s independence, democratic order and national security).90 Then, the Court looked at whether the measure was proportional, arbitrary, and whether the category of persons affected by it was clearly defined.91 The Court also stated that the restriction should be assessed in light of the very special historical and political context and should be under constant review with a view to terminating the restriction as soon as possible.92 In this particular case, the applicant’s former position in the CPL and her antidemocratic views during the period of Latvia’s struggle for “democracy through independence” in 1991 warranted her exclusion.93 Because of the threat that her views could have posed to the Latvian democratic order, the Court considered the judicial and legislative authorities to have adequately balanced the exclusion with the need to build confidence in new democratic institutions. Based on all of the aforementioned elements, the Court held that Latvia did not overstep its wide margin of appreciation94 and that there was no violation of the right to stand for an Toplak, supra note 18, at 7. Zdanoka v. Latvia, Eur. Ct. H.R., App. No. 58278/00, Judgment of 16 March 2006, ¶ 112(c). 89 Id. ¶ 115(e). 90 Id. ¶ 118. 91 Id. ¶¶ 120, 128. 92 Id. ¶¶ 121, 135. 93 Id. ¶ 132. 94 “Margin of Appreciation” is a concept the European Court of Human Rights has developed when consIdering whether a member state of the European Convention on Human Rights has breached the convention. "Margin of appreciation refers to the power of a Contracting State in assessing the factual circumstances, and in applying the provisions envisaged in international human rights instruments. Margin of appreciation is based on the notion that each society is entitled to certain latitude in balancing indivIdual rights and national interests, as well as in resolving conflicts that emerge as a result of diverse moral convictions.” Onder Bakircioglu, The Application of the Margin of Appreciation Doctrine in Freedom of Expression and Public Morality Cases, 8 German L.J. 711, 711 (2007), available at http://www. germanlawjournal.com/pdfs/Vol08No07/PDF_Vol_08_No_07_711-734_Articles_Bakircioglu. pdf. 87 88 35