Home > 2.6 Campaign finance > MOLDOVA – Urgent joint opinion on the draft Law no. 263 amending the Electoral Code, the Contravention Code and the Code of Audiovisual Media Services
 
 
 
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Paragraph 35
 

If the aim of the provisions is to prevent indirect financing of electoral candidates, it would be preferable that the wording of Article 52.2-3 be more precisely circumscribed as to refer to the specific actions and practices that raise concern for indirect financing or other unlawful material assistance. Both Article 41.3.h of the Electoral Code and Article 26 of Law no. 294/2007 on Political Parties already prohibit NGOs, charities, trade unions and religious bodies from financing, providing services free of charge or providing material support to political parties, initiative groups, and electoral campaigns or contenders. These provisions have a more clearly and relevantly defined scope compared to the proposed Article 52.2 and 52.3 in the Contravention Code. Regardless of the approach chosen to combat indirect financing, particular care should be taken so that the measures do not interfere with the freedom of expression of members of religious bodies and NGOs as guaranteed by Article 10 of the ECHR, as well as Article 32 of the Constitution of Moldova. The Venice Commission and ODIHR recommend reconsidering prohibitions on participation in campaigning, if any, so they do not unduly restrict the freedom of expression.