Home > 1.1.3 Submission of candidatures > REPUBLIC OF MOLDOVA - Joint Follow-up Opinion to the 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 37
 

In assessing the proportionality of a general measure restricting the exercise of the rights guaranteed by Article 3 of Protocol 1 to the ECHR, the European Court of Human Rights attaches decisive weight to the existence of a time-limit. The limitation of the deprivation of the right to be elected to a duration of three years – instead of five years, which the Constitutional Court considered as unjustified - has to be welcomed and should limit the risk of sanctions disproportionate in time. However, applying a standardised measure to all concerned persons can itself be seen as a disproportionate measure in light of the fact that there may be varying levels of seriousness in the behaviour of individuals determined responsible for the actions that led to the banning of the party. Moreover, no possibility is given to them to ask the exclusion from standing for elections to be lifted before the next elections. The Venice Commission and ODIHR recommend that the duration of the sanctions be modulated according to the seriousness of the behaviour under consideration as elaborated below.