Home > 2.4 Complaints and appeals > 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 63
 

Draft Article 72 of the Electoral Code foresees a deadline for submission of appeals against inactions by the election administration, the Audiovisual Council or private stakeholders. The appeal has to be submitted in this case within three days from the inaction. Such deadline is not clear and may lead to a situation where the appeals are not considered in substance due to the vagueness of the law. As the legislation provides for concrete deadlines only for some decision-making, not against inaction, the starting point of such a deadline is often not clear. It is advisable to provide that in first instance a request (petition) to take action may be submitted without a deadline, unless a concrete deadline is provided in the law. In that case the deadline for appeal would start from the last day given by the law to the authority to take a decision.