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Ždanoka v. Latvia – European Court of Human Rights

The boundaries of the right to be elected under Article 3 of the first Protocol to the European Convention on Human Rights. Judgment of 16 March 2006, Ždanoka v. Latvia, Application No. 58278/00

Published online by Cambridge University Press:  14 August 2007

H.G. Hoogers
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Extract

On March 16, 2006, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its final judgment in the case of Tatjana Ždanoka against the Republic of Latvia. Although not the first decision under Article 3 of the first Protocol, the Ždanoka v. Latvia case was important, because it allowed the Court to come to a decision on an aspect of Article 3, first Protocol, which in earlier case law had not extensively been dealt with by the ECtHR: the right to be elected. Moreover, the case allowed the Court to make some statements of principle on another question with which numerous member states of the Council have been dealing throughout the 20th century: how far may a democracy go in protecting itself from (allegedly) undemocratic parties, groups or individuals?

Keywords

European Court of Human RightsEuropean Convention on Human RightsRight to be electedŽdanokaRepublic of LatviaUndemocratic PartiesConcept of DemocracyWill of the PeopleUniversal SuffrageMargin of Appreciation
Type
Case Notes
Information
European Constitutional Law Review , Volume 3 , Issue 2 , June 2007 , pp. 307 - 323
Copyright
Copyright © Asser Press 2007

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