Home > 1.1.3.1 Restrictions to the right to be candidate > 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 50
 

The issue of proportionality also needs to be examined in the context of the severity of the restrictive measures to be imposed on those persons found liable for actions that led to their party being declared unconstitutional. In this respect, as noted ear lier, the European Court of Human Rights has made clear that an indefinite ban from running for political office is in any case a disproportionate measure. In one case, 49 it held that increasing a 10 year legal restriction on being elected by an additional 10 years without justification given by Parliament or the Government was manifestly arbitrary. The draft Law initially proposed a relatively short 3 year prohibition from running for office for the concerned individuals. However, prior to its second readi ng this term was increased to 5 years without any reason for the increase provided. This gives the appearance of an arbitrarily determined restrictive measure . In addition, applying a standardi s ed me a sure to all concerned persons can itself be seen as a disproportionate measure in light of the fact that there may be varying levels of culpability for individuals determined responsible for the actions that led to the banning of their party. As such, establish ing a range of measures that are proportionately applied would be more appropriate.