b. Right to stand for election

The right to vote and the right to stand for elections are fundamental rights, but not absolute ones. Interferences may be justified under article 17.1 of the Constitution if they are in accordance with the law, “in the public interest or for the protection of the rights of others” and if the interference is proportionate to the situation that necessitated it. Moreover, they have to be in compliance with the ECHR (article 17.2 of the Constitution). Concerning this matter, the ECtHR states:

“In their internal legal orders the Contracting States make the rights to vote and to stand for election subject to conditions which are not in principle precluded under Article 3. They have a wide margin of appreciation in this sphere, but it is for the Court to determine in the last resort whether the requirements of Protocol No. 1 have been complied with; it has to satisfy itself that the conditions do not curtail the rights in question to such an extent as to impair their very essence and deprive them of their effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate.”