Home > 4.2 Presidential elections > REPUBLIC OF MOLDOVA - Joint Opinion on the Draft Electoral Code
 
 
 
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Paragraph 125
 

Moreover, Article 136 imposes a new condition that an eligible candidate must have a completed higher education supported by “a bachelor’s degree or equivalent”. This condition does not follow from the Constitution.  Article 78.2 of the Constitution allows “any citizen” to run for the office of President of the Republic of Moldova provided that he or she fulfils the requirements listed in the provision. Given the clear wording of the Constitution, which establishes a right to stand for election as long as specific conditions are met, it appears doubtful that introducing additional restrictions on the constitutional right to stand for election would be in conformity with the principle of legality. An education requirement is also at odds with international standards. Furthermore, the right to stand for election is protected by Article 3 of Protocol 1 of the ECHR, and while the states have a wide margin of appreciation, restrictions should nonetheless have a legitimate aim and not be disproportionate to the aim pursued. It is very hard to see what the legitimate aim of an education requirement for the office of President would be. A limitation based on education is an unreasonable restriction that may negatively impact the electoral rights of some citizens or groups of citizens and should be reconsidered.