At the same time, some of the previously voiced criticism is not mitigated in the draft amendments.60 As previously pointed out, the provision still does not differentiate between major violations and those which are relatively minor, even when committed in bad faith. OSCE/ODIHR and the Venice Commission have stated in the past that “[t]he suspension of a political party is a particularly invasive and exceptional measure, and should only be imposed in the most serious cases involving particularly grave violations of the rules on donations or on reporting, if other less invasive measures have proven ineffective”.61 In this context, it is also not clear how the newly introduced catalogue of sanctions in new Article 30 para 2 relates to the sanction of suspension pursuant to Article 32. Therefore, pursuant to the recommendation of the 2019 ODIHR Opinion and the 2016 Joint Opinion the term “gross nature of the violation of the law” in Article 32 should reflect the gravity of the violation, while paying due regard to the proportionality principle in Article 22 ICCPR and Article 11 ECHR, outlined in the OSCE/ODIHR and Venice Commission Second Joint Opinion on the Electoral Code”.62 These recommendations are reiterated here: even if suspension is forbidden “during the elections”, some of its negative consequences could be difficult to overcome. Financial sanctions would appear more proportionate.
