TĂNASE v. MOLDOVA JUDGMENT
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any electoral legislation must be assessed in the light of the political evolution of the
country concerned ...”
157. Similarly, in Podkolzina v. Latvia (no. 46726/99, § 33, ECHR
2002-II), the Court observed that for the purposes of applying Article 3, any
electoral legislation must be assessed in the light of the political evolution
of the country concerned, so that features that would be unacceptable in the
context of one system may be justified in the context of another. However,
it emphasised that the State’s margin of appreciation in this regard was
limited by the obligation to respect the fundamental principle of Article 3 of
Protocol No. 1, namely “the free expression of the opinion of the people in
the choice of the legislature” (see also Mathieu-Mohin and Clerfayt, cited
above, § 47, and Melnychenko v. Ukraine, no. 17707/02, § 55, ECHR
2004-X).
158. In assessing the limitations of the latitude afforded to States, the
Court in Aziz (cited above, § 28) noted:
“Although ... States enjoy considerable latitude to establish rules within their
constitutional order governing parliamentary elections and the composition of the
parliament, and ... the relevant criteria may vary according to the historical and
political factors peculiar to each State, these rules should not be such as to exclude
some persons or groups of persons from participating in the political life of the
country and, in particular, in the choice of the legislature, a right guaranteed by both
the Convention and the Constitutions of all Contracting States.”
159. Applying these principles, the Court considered in Ždanoka (cited
above, §§ 119-35), that historical considerations could provide justification
for restrictions on rights intended to protect the integrity of the democratic
process by, in that case, excluding individuals who had actively participated
in attempts to overthrow the newly established democratic regime.
However, the Court suggested that such restrictions were unlikely to be
compatible if they were still applied many years later, at a point where the
justification for their application and the threats they sought to avoid were
no longer relevant. Subsequently, in Ādamsons (cited above, §§ 123-28), the
Court emphasised that with the passage of time, general restrictions on
electoral rights become more difficult to justify. Instead, measures had to be
“individualised” in order to address a real risk posed by an identified
individual.
160. In Hirst v. the United Kingdom (no. 2) ([GC], no. 74025/01, § 62,
ECHR 2005-IX), the Court observed more generally that any conditions
imposed on the rights guaranteed under Article 3 of Protocol No. 1 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.
161. Finally, notwithstanding the wide margin of appreciation afforded
to States in this area, the Court has reiterated on numerous occasions that it
is for the Court to determine in the last resort whether the requirements of