Home > 2.9 Electoral offences and sanctions > MOLDOVA - Joint Opinion on the Legal Framework of Governing the Funding of Political Parties and Electoral Campaigns
 
 
 
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Paragraph 79
 

More generally, it would appear that the regime of sanctions available for infringements of party and campaign funding rules, has not proved to be dissuasive and effective to date, as required by international standards. In addition to the shortcomings addressed by the preceding recommendations, the levels of fines available under the above-mentioned CAO and CC provisions – which are measured in conventional units of MDL 50 (approximately € 2.5) – appear too low, especially when compared to the amounts at stake in the area of political financing. In particular, this concerns administrative fines: for example, the failure by election candidates to present financial reports is subject to administrative fines ranging from approximately € 150 to € 225. According to information provided by the CEC, in the last year administrative sanctions were imposed on political parties in 15 cases, mostly for non-submission of financial reports, while more than half of the parties concerned did not react or send the required information. Other sanctions such as criminal ones or deregistration of candidates have not been applied in practice since the enactment of the reforms. Therefore, the Venice Commission and the OSCE/ODIHR recommend that the regime of sanctions available for infringements of party and campaign funding rules be reviewed, so as to ensure dissuasive and effective sanctioning, including by increasing the levels of administrative fines. At the same time, the concept of proportionate punishment should be explicitly included in all the relevant provisions, in line with previous pronouncements on this matter by the Venice Commission and the OSCE/ODIHR.