Home > 1.1.3 Submission of candidatures > REPUBLIC OF MOLDOVA - Joint Amicus Curiae Brief on the Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
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Paragraph 16
 

The Venice Commission and ODIHR consider that the withdrawal of the right to be elected as a representative due to a criminal conviction for serious offences should be considered as a means of preserving democracy and the voters’ trust in it. Although the legislation now refers to certain individualised behaviours, the amendments still go further than criminal convictions pronounced by a court by, inter alia, mentioning not only persons “convicted”, but also those “suspected”, “accused” or “indicted” (if noting that “suspected”, in Moldovan law, implies a certain legal status based on an order of a prosecutor). Furthermore, the amendments also apply to those who “are guilty of having committed acts that led to their introduction in the lists of international offences of certain international organisations or states” (Article 16(2)(f) third sub-item) or “have committed” other acts, not falling under other categories mentioned in Article 16(2)(f), that have been considered as an argument when declaring the unconstitutionality of the political party (Article 16(2)(f) fourth sub-item). This will be analysed in more detail below.