Home > 2.4 Complaints and appeals > REPUBLIC OF MOLDOVA - Joint Amicus Curiae Brief on the Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
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Paragraph 43
 

Article 16(22) states that, with a view to enforcing the restriction provided for in para. (2) letter f), the General Police Inspectorate, the National Anticorruption Centre, the Security and Intelligence Service and the General Prosecutor’s Office, together with the specialised prosecution offices, shall submit to the Central Electoral Commission the information regarding the individuals who fall under the criteria stated in para. (2) letter f), with the express mention of the respective criterion. The possibility for the Central Electoral Commission to rely on documents provided by the Security and Intelligence Service could lead to the use of secret documents and may affect the ability of the individuals to exercise their right to counter the evidence presented against them. In this respect, the Venice Commission and ODIHR recall that “[e]specially where a power of the executive is exercised in secret, the risks of arbitrariness are evident”.31 Thus, it becomes particularly important for the procedural safeguards to be fully respected in order to avoid arbitrary decisions. The authorities informed the Venice Commission and ODIHR that Article 222(3) of the Administrative Code provides: “If a participant in the process invokes the secret nature of the documents, administrative files or information, or if the court is of this opinion, then, through a judicial decision susceptible of appeal, it shall be decided to what extent the participants in the process will be granted access to the file (…)”. This provision should be interpreted in conformity with the principle of proportionality, and access refused only when absolutely necessary.