Ždanoka v. Latvia – European Court of Human Rights

• Published in: European constitutional law review Vol. 3; no. 2; pp. 307 - 323
• Main Author: Hoogers, H.G.
• Format: Journal Article
• Language: English
• Published: The Hague, NL T.M.C. Asser Press 01-06-2007; Cambridge University Press
• Subjects: Case Notes; Constitutional law; Court decisions; Democracy; Human rights; International law; Labor unions; Local elections; Political parties; Protocol; Studies; Zdanoka, Tatjana; Latvia; Europe; Will of the People; Right to be elected; Ždanoka; Margin of Appreciation; European Court of Human Rights; Concept of Democracy; Universal Suffrage; Undemocratic Parties; European Convention on Human Rights; Republic of Latvia
• ISSN: 1574-0196; 1744-5515
• DOI: 10.1017/S1574019607003070

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?