ŽDANOKA v. LATVIA JUDGMENT 20 7. ... In order to determine whether the measure applied, namely the restrictions on passive electoral rights, is proportionate to the objectives being pursued, namely the protection, firstly, of democratic State order and, secondly, of the national security and integrity of the Latvian State, it is necessary to assess the political situation in the country and other related circumstances. Parliament having evaluated the historical and political circumstances of the development of democracy on several occasions ... the Court does not consider that at this stage there would be grounds for challenging the proportionality between the measure applied and its aim. However, Parliament, by periodically examining the political situation in the State and the necessity and merits of the restrictions, should decide to establish a time-limit on these restrictions ... since such limitations on passive electoral rights may exist only for a specific period.” 63. Three of the Constitutional Court’s seven judges who examined the above-mentioned case gave a dissenting opinion in which they expressed their disagreement with the majority’s conclusions. Referring, inter alia, to Vogt v. Germany (26 September 1995, Series A no. 323) and Rekvényi v. Hungary ([GC], no. 25390/94, ECHR 1999-III), they argued that the disputed restrictions could be more extensive with regard to civil servants than to elected representatives. According to those judges, Latvia’s democratic regime and institutional system had become sufficiently stable in the years since 1991 for individuals who had campaigned against the system ten years previously no longer to represent a real threat to the State. Consequently, the restriction on those persons’ electoral rights was not proportionate to the legitimate aim pursued. F. The European Parliament Elections Act 64. Prior to Latvia becoming a member of the European Union, the Latvian parliament adopted the European Parliament Elections Act (Eiropas Parlamenta vēlēšanu likums), which was enacted on 29 January 2004 and came into force on 12 February 2004. The Act contains no provision similar to section 5(6) of the Parliamentary Elections Act. Consequently, the applicant was free to stand as a candidate in the elections to the European Parliament. THE LAW I. THE GOVERNMENT’S PRELIMINARY OBJECTION 65. The Government claimed that the European Parliament Elections Act contained no provision similar to section 5(6) of the Parliamentary Elections Act (see paragraphs 58 and 64 above). Consequently, the