42
ŽDANOKA v. LATVIA JUDGMENT
4. The Court’s observations in conclusion
132. The Latvian authorities’ view that even today the applicant’s
former position in the CPL, coupled with her stance during the events of
1991 (see, in particular, paragraphs 123-24 above), still warrant her
exclusion from standing as a candidate to the national parliament, can be
considered to be in line with the requirements of Article 3 of Protocol No. 1.
The impugned statutory restriction as applied to the applicant has not been
found to be arbitrary or disproportionate. The applicant’s current or recent
conduct is not a material consideration, given that the statutory restriction in
question relates only to her political stance during the crucial period of
Latvia’s struggle for “democracy through independence” in 1991.
133. While such a measure may scarcely be considered acceptable in the
context of one political system, for example in a country which has an
established framework of democratic institutions going back many decades
or centuries, it may nonetheless be considered acceptable in Latvia in view
of the historico-political context which led to its adoption and given the
threat to the new democratic order posed by the resurgence of ideas which,
if allowed to gain ground, might appear capable of restoring the former
regime.
134. The Court therefore accepts in the present case that the national
authorities of Latvia, both legislative and judicial, are better placed to assess
the difficulties faced in establishing and safeguarding the democratic order.
Those authorities should therefore be left sufficient latitude to assess the
needs of their society in building confidence in the new democratic
institutions, including the national parliament, and to answer the question
whether the impugned measure is still needed for these purposes, provided
that the Court has found nothing arbitrary or disproportionate in such an
assessment. In this respect, the Court also attaches weight to the fact that the
Latvian parliament has periodically reviewed section 5(6) of the 1995 Act,
most recently in 2004. Even more importantly, the Constitutional Court
carefully examined, in its decision of 30 August 2000, the historical and
political circumstances which gave rise to the enactment of the law in
Latvia, finding the restriction to be neither arbitrary nor disproportionate at
that point in time, that is, nine years after the events in question (see
paragraphs 61-63 above).
135. It is to be noted that the Constitutional Court observed in its
decision of 30 August 2000 that the Latvian parliament should establish a
time-limit on the restriction. In the light of this warning, even if today
Latvia cannot be considered to have overstepped its wide margin of
appreciation under Article 3 of Protocol No. 1, it is nevertheless the case
that the Latvian parliament must keep the statutory restriction under
constant review, with a view to bringing it to an early end. Such a
conclusion seems all the more justified in view of the greater stability which