Home > 2.4 Complaints and appeals > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 100
 

Another fundamental requirement for a system of electoral complaints and appeals, flowing both from Article 3 of Protocol No. 1 of the ECHR and the Code of Good Practice in Electoral Matters, is that it provides an effective examination of the electoral complaint. In a 2020 decision related to deregistration of a political party in 2014 elections in Moldova, the ECtHR found in that ”the procedures of the electoral commission and the domestic courts did not afford the applicant party sufficient guarantees against arbitrariness, and the domestic authorities’ decisions lacked reasoning and were thus arbitrary.” The positive changes to the complaints and appeal system in the law would mean nothing if the courts make no effort to consider evidence brought by the appellants and if they do not act with sufficient independence and impartiality. The professionalisation of the CEC would enable it to continuously monitor the election campaign and provide better evidence in future election complaints. Finally, the rapporteurs were informed that new time limits and appeals on CEC decisions going directly to the Chişinǎu Court of Appeal (Article 91(5)) rather than through the first instance courts, would allow for better reasoning and assessment of evidence in the courts. ODIHR and the Venice Commission welcome these developments, though their effectiveness remains to be seen and should be evaluated after the first elections under the new law.