Also in light of the remarks made above with regard to the foreseeability of the interference, the Venice Commission and ODIHR doubt that the amendments strike a fair balance between the legitimate aim pursued (see paras 26-27 above) and the protection of the right to sit as an elected person.
B. Can the prohibition to run for elections applied to suspected, accused or indicted persons provided for in article 16 para. (2) lit. f) point 1 of Law no. 280 be assimilated with a declaration regarding the guilt of the candidate in the sense of article 6 § 2 of the European Convention on Human Rights?