Home > 4.4 Departmental/provincial elections > MOLDOVA - Joint Opinion on Amendments to the Electoral Code and other Related Laws Concerning Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
Download file    
 
 
Paragraph 29
 

Article 3 of Protocol No. 1 to the ECHR applies to electoral rights concerning national parliaments and other “legislatures”. However, according to the ECtHR, “legislature” does not necessarily mean the national parliament alone but municipal councils, district councils and regional assemblies may be covered by Article 3 of Protocol No. 1 if they exercise “inherent primary rulemaking powers and form part of the legislature”. Yet, “the power to make regulations and by-laws, which is conferred on the local authorities in many countries, is to be distinguished from legislative power”, including at the regional level.22 Article 25 ICCPR and Article 3 of Protocol No. 1 to the ECHR enshrine the principle of equal treatment of all citizens in the exercise of their electoral rights.23 In the practice of the ECtHR, restrictions of local electoral rights have been examined under the anti-discrimination clause of Article 1 of Protocol No. 12, which includes a general prohibition of discrimination, not limited merely to Convention rights.24 This article forbids discrimination in the enjoyment of any right set forth by law on any ground, including political or other opinion. The Republic of Moldova has not ratified Protocol No. 12.