Home > 2.4 Complaints and appeals > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 101
 

Article 94(1) lists those eligible to submit electoral appeals. In addition to voters and candidates, the changes extend the right to appeal to initiative groups, candidate nominees, referendum participants and registered political parties (entitled to participate in elections). However, there is no mention of the bodies of election administration, members of these bodies, or domestic election observers. Given that actions of the election administration at all levels may become subjects of appeals and that the draft Code contains provisions on personal liability of members of the election administration (e.g., under Article 102), it is recommended to explicitly provide the right to appeal for these subjects as well, in order to avoid situations when their appeals may be declared inadmissible and provide for an effective remedy.