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 49
 

It is noted that the ineligibility to be elected would extend to local elections. As underlined by the European Court of Human Rights, the proportionality of the restriction should also be assessed from the perspective of the requirements of the proper functioning of the institution to which the person will belong once elected and more generally the constitutional system and democracy as a whole in the State concerned.48 Even if it could happen, it seems unlikely that the members of a local council, village or even small town would fall under the category of mandate-holders which may jeopardise the democratic order, which would also weigh negatively on the assessment of the proportionality of the restriction and would require, in addition, a proper verification of the existence and seriousness of the risk to the democratic order coming from the activities of those members of local councils.