ŽDANOKA v. LATVIA JUDGMENT
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consequences of the measure under consideration, to ensure that the
aforementioned balance is achieved.
101. Finally, with regard to the implementation of measures intended to
defend democratic values, the Court stated in Refah Partisi (the Welfare
Party) and Others (cited above, § 102):
“The Court considers that a State cannot be required to wait, before intervening,
until a political party has seized power and begun to take concrete steps to implement
a policy incompatible with the standards of the Convention and democracy, even
though the danger of that policy for democracy is sufficiently established and
imminent. The Court accepts that where the presence of such a danger has been
established by the national courts, after detailed scrutiny subjected to rigorous
European supervision, a State may ‘reasonably forestall the execution of such a
policy, which is incompatible with the Convention’s provisions, before an attempt is
made to implement it through concrete steps that might prejudice civil peace and the
country’s democratic regime’. ...”
(b) The Court’s test under Article 3 of Protocol No. 1
102. Article 3 of Protocol No. 1 differs from other rights guaranteed by
the Convention and its Protocols as it is phrased in terms of the obligation
of the High Contracting Party to hold elections which ensure the free
expression of the opinion of the people rather than in terms of a particular
right or freedom. However, having regard to the preparatory work to
Article 3 of Protocol No. 1 and the interpretation of the provision in the
context of the Convention as a whole, the Court has established that this
provision also implies individual rights, including the right to vote and to
stand for election (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March
1987, §§ 46-51, Series A no. 113).
103. The rights guaranteed under Article 3 of Protocol No. 1 are crucial
to establishing and maintaining the foundations of an effective and
meaningful democracy governed by the rule of law. Nonetheless, these
rights are not absolute. There is room for “implied limitations”, and
Contracting States must be given a margin of appreciation in this sphere.
The Court reaffirms that the margin in this area is wide (see Mathieu-Mohin
and Clerfayt, cited above, § 52; Matthews, cited above, § 63; Labita, cited
above, § 201; and Podkolzina v. Latvia, no. 46726/99, § 33, ECHR 2002-II).
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).
104. It is, however, for the Court to determine in the last resort whether
the requirements of Article 3 of Protocol No. 1 have been complied with; it
has to satisfy itself that the conditions imposed on the rights to vote or to
stand for election do not curtail the exercise of those rights to such an extent
as to impair their very essence and deprive them of their effectiveness; that