ALAJOS KISS v. HUNGARY JUDGMENT
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60. Nonetheless, the rights bestowed by Article 3 of Protocol No. 1 are not
absolute. There is room for implied limitations and Contracting States must be
allowed a margin of appreciation in this sphere.
61. ... The Court reaffirms that the margin in this area is wide (see Mathieu-Mohin
and Clerfayt, cited above, p. 23, § 52, and, more recently, Matthews v. the United
Kingdom [GC], no. 24833/94, § 63, ECHR 1999-I; see also Labita v. Italy [GC], no.
26772/95, § 201, ECHR 2000-IV, and Podkolzina v. Latvia, no. 46726/99, § 33,
ECHR 2002-II). ...
62. 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 do not curtail the rights in question to such an extent as to
impair their very essence and deprive them of their effectiveness; that they are
imposed in pursuit of a legitimate aim; and that the means employed are not
disproportionate (see Mathieu-Mohin and Clerfayt, p. 23, § 52). In particular, any
conditions imposed must not thwart the free expression of the people in the choice of
the legislature – in other words, they must reflect, or not run counter to, the concern to
maintain the integrity and effectiveness of an electoral procedure aimed at identifying
the will of the people through universal suffrage. For example, the imposition of a
minimum age may be envisaged with a view to ensuring the maturity of those
participating in the electoral process or, in some circumstances, eligibility may be
geared to criteria, such as residence, to identify those with sufficiently continuous or
close links to, or a stake in, the country concerned (see Hilbe v. Liechtenstein (dec.),
no. 31981/96, ECHR 1999-VI, and Melnychenko v. Ukraine, no. 17707/02, § 56,
ECHR 2004-X). Any departure from the principle of universal suffrage risks
undermining the democratic validity of the legislature thus elected and the laws it
promulgates. Exclusion of any groups or categories of the general population must
accordingly be reconcilable with the underlying purposes of Article 3 of Protocol
No. 1 (see, mutatis mutandis, Aziz v. Cyprus, no. 69949/01, § 28, ECHR 2004-V).”
b. Application of those principles to the present case
37. The Court will therefore determine whether the measure in question
pursued a legitimate aim in a proportionate manner having regard to the
principles identified above.
(i) Legitimate aim
38. The Court points out that Article 3 of Protocol No. 1 does not, like
other provisions of the Convention, specify or limit the aims which a
restriction must pursue and that a wide range of purposes may therefore be
compatible with Article 3. The Government submitted that the measure
complained of pursued the legitimate aim of ensuring that only citizens
capable of assessing the consequences of their decisions and making
conscious and judicious decisions should participate in public affairs (see
paragraphs 25 and 26 above). The applicant accepted this view (see
paragraph 28 above) and the Court sees no reason to hold otherwise. It is
therefore satisfied that the measure pursued a legitimate aim.