Podkolzina v. Latvia, No. 46726/99, ECtHR (Fourth Section), 9 April 2002

Striking of candidate from list for parliamentary elections, due to insufficient knowledge of the official language.

Art. 3, Prot. 1 ECHR
Art. 13 ECHR

1. Within the framework of Article 3 of Prot. 1 of the ECHR and the principles derived therefrom, states enjoy a wide margin of discretion. This means that restrictions in electoral matters are permissible, especially when these can ensure a more effective defence of the interests of voters. That said, any limitations in the electoral sphere must not reduce the rights in question to such an extent that they undermine their very essence. 

2. States shall enjoy a wide margin of appreciation when laying down the conditions of eligibility in the abstract. However, the procedure for declaring a candidate ineligible must be such as to guarantee a fair and objective decision and prevent any abuse of power by the competent authority or any form of impartiality.
(The applicant, a Latvian citizen and member of the Russian linguistic minority, was entered on the electoral roll with a view to the parliamentary elections. Subsequently, however, the Electoral Commission cancelled her candidature on the ground of inadequate command of the Latvian language).