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 53
 

In conclusion, the legal basis for the imposition of such a limitation of the right to stand for election is too wide to be proportionate to the legitimate aims pursued.53 The restriction on the right to be elected, in order to ensure a proper balance between the legitimate defence of democracy and the protection of individual political rights, must be limited to those persons who had an active participation in the actions that led to the declaration of unconstitutionality of the party; for instance, concretely endangering the democratic system of the country or vote buying54 and must be assessed on an individual basis with adequate procedural safeguards, including the possibility to challenge the decision.