16
GROSARU v. ROMANIA JUDGMENT
43. 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, and, more recently, Matthews v. the United Kingdom [GC],
no. 24833/94, § 63, ECHR 1999-I; Labita v. Italy [GC], no. 26772/95,
§ 201, ECHR 2000-IV; 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).
44. 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, loc. cit.). 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 (see Hirst, cited above, § 62,
and Yumak and Sadak v. Turkey [GC], no. 10226/03, § 109, ECHR 2008.
The Court is not required to adopt a position on the choice between one
electoral system and another. That decision, which is determined by
historical and political considerations specific to each country, is in
principle one which the State alone has the power to make (see Podkolzina,
cited above, § 34).
2. Application of these general principles to the instant case
45. In the instant case, the Court observes at the outset that the
documents in the case file show that the applicant did in fact stand as a
candidate representing the Italian Community of Romania and not, as
submitted by the Government, the Association of Italians of Romania.
46. It notes that this case, unlike the majority of judgments it has
delivered on electoral matters to date, does not concern conditions of
eligibility but the allocation of a parliamentary seat, that is, a matter of postelectoral rights. This is an equally crucial issue, which, furthermore, has a
direct impact on the election results, a factor to which the Court attaches
significant weight (see I.Z. v. Greece, no. 18997/91, Commission decision