Moldova's Parliament approves amendments to Election Code to implement Constitutional Court ruling
Moldova's Parliament on Wednesday approved in the first reading amendments to the Election Code that are intended to bring the legislative framework in line with the rulings of the Constitutional Court. The bill was passed by a vote of 57 deputies.
In the context of the Constitutional Court's rulings, the authors of the bill proposed to supplement the Election Code to clarify the criteria for individuals who may not be admitted to run for office.
Under the amendments, members of a party that has been declared unconstitutional will be ineligible to run for office if they:
Are suspected, accused, or charged with committing crimes that were cited by the Court as grounds for declaring the political party unconstitutional;
- Were excluded from a previous election as a result of violating the principle of transparent financing, and this fact was considered a distinct ground for declaring the political party unconstitutional;
- Are responsible for committing acts that led to the inclusion of these individuals on the international sanctions lists of international organisations or states, this fact constituting a particular circumstance noted by the Court in the decision declaring the unconstitutionality of the party;
- Have committed other acts that, without falling expressly within the actions provided above.
This restriction is valid for 3 years from the date of the Constitutional Court's ruling declaring a political party unconstitutional.
According to the chairman of the Legal, Appointments, and Immunities Commission, Olesea Stamate, up to 60 people could be affected by these restrictions.
To enforce this restriction, the General Police Inspectorate, the National Anti-Corruption Center, the Security and Intelligence Service, and the Prosecutor General's Office, together with specialized prosecutors, will provide the Central Electoral Commission with information on individuals who fall under the given criteria, with the express mention of the relevant criterion. Based on the information provided, the CEC will compile a list of individuals who fall under this new restriction and will communicate it to electoral bodies, which will take it into account in the process of applying the restriction to the registration of electoral contestants.
The amendment to the Election Code also provides for an effective judicial remedy - the possibility of challenging administrative decisions applying the restrictions at the Chisinau Court of Appeal.
The bill to amend the Election Code will be proposed for consideration in the second reading in the Parliament plenary session.
The legislative amendments will enter into force on the date of their publication in the Official Gazette.
Translation by Iurie Tataru
