Home > 1.1.3 Submission of candidatures > MOLDOVA - Joint Opinion on Amendments to the Electoral Code and other Related Laws Concerning Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
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Paragraph 39
 

In order to be compatible with the ECHR, any interference with Article 3 of Protocol no. 1 to the ECHR shall in the first place be prescribed by law, meaning that it should be sufficiently clear and foreseeable. The principle of foreseeability entails that an average person should be able to be aware and foresee, at all times and to a reasonable degree, consequences stemming from their actions to regulate their conduct accordingly.38 In principle, legislation should not have retroactive effect and exceptions to this rule should be clearly outlined in legislation, strictly limited to compelling public-interest reasons and only if in conformity with the principle of proportionality.39 Regarding the introduction of new provisions disqualifying a candidate in presidential elections, or on being a prime minister or minister, the UN Human Rights Committee has for instance considered that when the law-making process introducing such restrictions was highly linked in time and substance to other proceedings, in the specific case impeachment proceedings against an individual, the said restrictions lacked the necessary foreseeability and objectivity and thus amounted to an unreasonable restriction under Article 25 (b) and (c) of the ICCPR.40 In addition, it is not clear whether the term “executive body” applies only to central executive body of the party or also to the local bodies, which is not congruent with the principles of legal certainty and foreseeability.