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 59
 

While this restriction may respond to the legitimate aim to defend the Constitution and the integrity of the democratic State, it applies automatically on the sole basis of the party membership and holding of a specific position, and indiscriminately without distinguishing between party members who may have actively contributed to the illegitimate acts attributed to the political party, from those who were only performing neutral duties or were unaware of the potential unlawful acts committed by the party. The restriction affects a large group of persons, making them collectively responsible for the illegitimate activities of the party they belong to, thus lacking individualisation and therefore due process guarantees. This goes against the principle of proportionality and could lead to arbitrariness.