ŽDANOKA v. LATVIA JUDGMENT
43
Latvia now enjoys, inter alia, by reason of its full European integration (see
paragraph 51 above). Hence, the failure by the Latvian legislature to take
active steps in this connection may result in a different finding by the Court
(see, mutatis mutandis, Sheffield and Horsham v. the United Kingdom,
30 July 1998, § 60, Reports 1998-V; see also the follow-up judgment to that
case, Christine Goodwin v. the United Kingdom [GC], no. 28957/95,
§§ 71-93, ECHR 2002-VI).
136. The Court concludes that there has been no violation of Article 3 of
Protocol No. 1.
III. ALLEGED VIOLATION OF ARTICLES 10 AND 11 OF THE
CONVENTION
137. The applicant complained that her disqualification from standing
for election to the national parliament as well as municipal councils
amounted to a violation of Articles 10 and 11 of the Convention. The
relevant parts of these Articles provide:
Article 10
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. ...
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, ... for the protection of the reputation or rights of others ...”
Article 11
“1. Everyone has the right to freedom of peaceful assembly and to freedom of
association ...
2. No restrictions shall be placed on the exercise of these rights other than such as
are prescribed by law and are necessary in a democratic society in the interests of
national security or public safety, for the prevention of disorder or crime, ... or for the
protection of the rights and freedoms of others. This Article shall not prevent the
imposition of lawful restrictions on the exercise of these rights by members of the
armed forces, of the police or of the administration of the State.”
A. The Chamber’s judgment
138. The Chamber considered that there had been a disproportionate
interference with the applicant’s rights, in breach of Article 11 of the