A number of previous Joint Recommendations stated that paragraph (1) of Article 47 limited 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 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.”).[16] 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.[17] Paragraph (12) of Article 47 has a similar prohibition against “unethical” campaigning that is troublesome as well. These paragraphs should be reviewed.
