Home > 2.5 Election campaign > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 76
 

 The draft Code removes the restriction on using Moldova's national symbols and historic personalities. It also removes the ban on participation of foreign citizens in the campaign as previously recommended by ODIHR. However, as in the current Code, Article 70(4) prohibits the use of ”symbols of foreign states or international organisations” in the campaign. As an exception, the article allows using foreign symbols in cases concerning "commitments undertaken by the Republic of Moldova under international agreements concluded with the European Union". As previously noted in the ODIHR reports in 2015 and 2016, banning the use of foreign symbols may be a disproportionate measure challenging freedom of expression. On the other hand, the use of certain symbols (for example, Nazi insignia or raising foreign flags to call for territorial separatism or in the context of war) may, in cases, be reasonably viewed as situations in which symbols are used to promote “war of aggression, national, racial or religious hatred” or “the incitement to discrimination, territorial separatism, public violence”, forbidden by Article 32.3 of the Constitution. In this respect, and in line with the Constitution and the case law of the European Court of the Human Rights on freedom of expression, the draft Code should be amended to more closely define the possible situations and types of symbols that are not permissible in the campaign.