Home > 1.1.3.1 Restrictions to the right to be candidate > ALBANIA - Amicus Curiae Opinion on the Law on the Cleanliness of the Figure of High Functionaries of the Public Administration and Elected Persons
 
 
 
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Paragraph 115
 

b. Right to stand for election


In examining compliance with Article 3 of Protocol No. 1, the Court has focused mainly on two criteria: whether there has been arbitrariness or a lack of proportionality, and whether the restriction has interfered with the free expression of the opinion of the people. In this connection, the wide margin of appreciation enjoyed by the Contracting States has always been underlined. In addition, the Court has stressed the need to assess any electoral legislation in the light of the political evolution of the country concerned, with the result that features unacceptable in the context of one system may be justified in the context of another. (…) The Court’s test in relation to the “passive” aspect of the above provision has been limited largely to a check on the absence of arbitrariness in the domestic procedures leading to disqualification of an individual from standing as a candidate.”