36 TĂNASE v. MOLDOVA JUDGMENT 153. The Romanian Government concluded that Moldova had exceeded its margin of appreciation in this area. In this regard, it was not enough that the applicant was permitted to stand as a candidate. In order for the right to be effective, he had to be able to take his seat (referring to M. v. the United Kingdom, cited above). The adoption of Law no. 273 impaired the very essence of the rights guaranteed by Article 3 of Protocol No. 1, rendering them theoretical and illusory. In conclusion, the Romanian Government invited the Court to endorse the Chamber’s conclusion that there had been a violation of that Article. C. The Court’s assessment 1. General principles 154. The Court has consistently emphasised the importance of Article 3 of Protocol No. 1 in an effective democracy and, as a consequence, its prime importance in the Convention system. In Yumak and Sadak (cited above, § 105), it reiterated that 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. In Mathieu-Mohin and Clerfayt v. Belgium (2 March 1987, § 47, Series A no. 113), and Lingens v. Austria (8 July 1986, §§ 41 and 42, Series A no. 103), the Court held that free elections and freedom of expression, and particularly freedom of political debate, formed the foundation of any democracy. 155. The Court’s case-law has distinguished between the active aspect of Article 3 of Protocol No. 1, which relates to the right to vote, and the passive aspect, namely the right to stand as a candidate for election (see Ždanoka, cited above, §§ 105 and 106). The present case is principally concerned with the latter aspect. However, as noted above (see paragraph 108), the prohibition on multiple nationals sitting as MPs may also have had a secondary impact on the manner in which the electorate exercised its right to vote in Moldova. 156. As regards the passive aspect of Article 3 of Protocol No. 1, the Court has emphasised the considerable latitude which States enjoy in establishing criteria on eligibility to stand for election. In Ždanoka (cited above, § 106), the Court explained: “... although [the criteria] 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,