Paragraph (1) of Article 47 limits campaign rights to “Citizens of the Republic of Moldova, parties and other social-political organisations, electoral blocs, candidates and representatives of these candidates”. This limitation is contrary to international instruments[13] and domestic constitutional law (“…aliens and stateless persons shall enjoy the same rights and shall have the same duties as the citizens of the Republic of Moldova.”).[14] Paragraph (1) of Article 47 also prohibits “unethical” campaigning. This prohibition is too broad and could be applied in a manner that would violate a person’s right to free speech and expression. This limitation on free expression and speech could prevent a robust and vigorous campaign, which is critical to election campaigning in a democracy. Such a broad prohibition is not in compliance with OSCE commitments, international standards, and domestic constitutional principles.[15] Paragraph (12) of Article 47 has a similar prohibition against “unethical” campaigning that is troublesome as well.
