32
ŽDANOKA v. LATVIA JUDGMENT
they are imposed in pursuit of a legitimate aim; and that the means
employed are not disproportionate (see Mathieu-Mohin and Clerfayt, cited
above, § 52). In particular, any such conditions 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).
105. In relation to the cases concerning the right to vote, that is, the socalled “active” aspect of the rights under Article 3 of Protocol No. 1, the
Court has considered that exclusion of any groups or categories of the
general population must 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). In particular, the Court has found that
domestic legislation imposing a minimum age or residence requirements for
the exercise of the right to vote is, in principle, compatible with Article 3 of
Protocol No. 1 (see Hilbe v. Liechtenstein (dec.), no. 31981/96, ECHR
1999-VI; see also Hirst, cited above, § 62). The Convention institutions
have also held that it was open to the legislature to remove political rights
from persons convicted of serious or financial crimes (see Holland v.
Ireland, no. 24827/94, Commission decision of 14 April 1998, DR 93-A,
p. 15, and M.D.U. v. Italy (dec.), no. 58540/00, 28 January 2003). In Hirst
(§ 82), however, the Grand Chamber underlined that the Contracting States
did not have carte blanche to disqualify all detained convicts from the right
to vote without having due regard to relevant matters such as the length of
the prisoner’s sentence or the nature and gravity of the offence. A general,
automatic and indiscriminate restriction on all detained convicts’ right to
vote was considered by the Court as falling outside the acceptable margin of
appreciation.
106. The Convention institutions have had fewer occasions to deal with
an alleged violation of an individual’s right to stand as a candidate for
election, that is, the so-called “passive” aspect of the rights under Article 3
of Protocol No. 1. In this regard the Court has emphasised that the
Contracting States enjoy considerable latitude in establishing constitutional
rules on the status of members of parliament, including criteria governing
eligibility to stand for election. Although they have a common origin in the
need to ensure both the independence of elected representatives and the
freedom of choice of electors, these criteria vary in accordance with the
historical and political factors specific to each State. The multiplicity of
situations provided for in the constitutions and electoral legislation of
numerous member States of the Council of Europe shows the diversity of
possible approaches in this area. Therefore, for the purposes of applying
Article 3, any electoral legislation must be assessed in the light of the
political evolution of the country concerned (see Mathieu-Mohin and
Clerfayt, § 54, and Podkolzina, § 33, both cited above).