Home > 1.1.3 Submission of candidatures > MOLDOVA- Joint Recommendations on the Electoral Law and the Electoral Administration
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Paragraph 62

Concerning the second point noted above, the second part of Article 36(2) requires that “The Supreme Court of Justice shall examine the applications and issue an appropriate decision within 5 days but not later than the elections day.”  However, some violations may not be discovered until after the elections.  It must be assumed that cancellation would also be possible for these violations.  Otherwise, the law would provide for a situation where those caught after election day would not face any sanction under this article.  Thus, it must be assumed that paragraph (2) of Article 36 permits post-election cancellation of candidate registration, which would include cancellation of the registration of an elected candidate.  Such a rule should not be applied in a way contrary to Paragraph 7.9 of the Copenhagen Document[8] and the case-law of the European Court of Human Rights.[9] Furthermore, such a severe sanction should be applied in conformity with the principle of proportionality (that is when the illegal donation is quite important), and should be stated in the article.