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ŽDANOKA v. LATVIA JUDGMENT
(c) The Court’s conclusion as to the principles to be applied under Article 3 of
Protocol No. 1
115. Against the background of the aforementioned cases, the Court
reaches the following conclusions as to the test to be applied when
examining compliance with Article 3 of Protocol No. 1.
(a) Article 3 of Protocol No. 1 is akin to other Convention provisions
protecting various forms of civic and political rights such as, for example,
Article 10 which secures the right to freedom of expression or Article 11
which guarantees the right to freedom of association including the
individual’s right to political association with others by way of party
membership. There is undoubtedly a link between all of these provisions,
namely the need to guarantee respect for pluralism of opinion in a
democratic society through the exercise of civic and political freedoms. In
addition, the Convention and the Protocols must be seen as a whole.
However, where an interference with Article 3 of Protocol No. 1 is in issue
the Court should not automatically adhere to the same criteria as those
applied with regard to the interference permitted by the second paragraphs
of Articles 8 to 11 of the Convention, and it should not necessarily base its
conclusions under Article 3 of Protocol No. 1 on the principles derived from
the application of Articles 8 to 11 of the Convention. Because of the
relevance of Article 3 of Protocol No. 1 to the institutional order of the
State, this provision is cast in very different terms from Articles 8 to 11 of
the Convention. Article 3 of Protocol No. 1 is phrased in collective and
general terms, although it has been interpreted by the Court as also implying
specific individual rights. The standards to be applied for establishing
compliance with Article 3 of Protocol No. 1 must therefore be considered to
be less stringent than those applied under Articles 8 to 11 of the
Convention.
(b) The concept of “implied limitations” under Article 3 of Protocol
No. 1 is of major importance for the determination of the relevance of the
aims pursued by the restrictions on the rights guaranteed by this provision.
Given that Article 3 of Protocol No. 1 is not limited by a specific list of
“legitimate aims” such as those enumerated in Articles 8 to 11 of the
Convention, the Contracting States are therefore free to rely on an aim not
contained in that list to justify a restriction, provided that the compatibility
of that aim with the principle of the rule of law and the general objectives of
the Convention is proved in the particular circumstances of a case.
(c) The “implied limitations” concept under Article 3 of Protocol No. 1
also means that the Court does not apply the traditional tests of “necessity”
or “pressing social need” which are used in the context of Articles 8 to 11 of
the Convention. In examining compliance with Article 3 of Protocol No. 1,
the Court has focused mainly on two criteria: whether there has been
arbitrariness or a lack of proportionality, and whether the restriction has
interfered with the free expression of the opinion of the people. In this