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 64
 

The draft Law also adds a new Article 731 to the Electoral Code, which provides that an election body, after examining a complaint, may either “admit it in whole or in part and find violations” of electoral legislation, or reject the complaint due to late submission, lack of evidence, or as groundless respectively replacing the contested decision or maintaining it in force. Contrary to Article 100, which provides that the Constitutional Court cancels the elections if the violations of the Code affected the result, new Article 731 does not provide more in detail the effect of decisions admitting appeals. This provision should be implemented so that the decisions on appeals have not only ascertaining effect but have to be implemented so that the violation of electoral rights may be eliminated wherever possible. To ensure effective remedy, it would be advisable to specify that for any violation of electoral legislation, the competent body should take steps to restore electoral rights that have been infringed and impose adequate sanctions.