The Venice Commission criticized the amendments to the Electoral Code adopted by the Moldovan authorities regarding restrictions on the participation of opposition candidates in elections.
The Commission believes that “although these restrictions may serve the legitimate purpose of protecting the Constitution and the integrity of the state, they do not appear to be fully predictable and do not fully respect the principle of proportionality.”
In this regard, the Venice Commission made several recommendations to strike a balance between the legitimate goal of protecting the democratic system of the state and national security and the need to protect the electoral rights of citizens.
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Define more clearly and narrowly the criteria for restricting the right to be elected by the principles of legal security and proportionality, excluding vague terminology, and limit this right to persons whose activities, through their actions, have jeopardized the Constitution and the integrity of a democratic state or who have pursued the unlawful aims of unconstitutional parties;
Require the authorities to provide sufficient and relevant evidence to demonstrate that persons subject to the restriction on election fulfill the conditions and criteria set out in the legislation, and preferably established by a court of law;
Give individuals a meaningful opportunity to challenge before the electoral authorities the presumption of their involvement in activities that led to the declaration of a political party as unconstitutional.