Paragraph 41

 

The draft also maintains the requirement of a property and income statement of candidates and his family members (Article 38).  In case of deliberately misleading information, or serious non-compliance with the law […] with an intention to deceive voters, the result will be denial of registration of the candidate, something which seems to respect the principle of proportionality. Moreover, this decision may be appealed in court, and the withdrawn candidate may be replaced by the party (Article 39.3), whereas the existing Law seemed to impose the loss of the status of subject of the election process for the whole party (Article 50.3), something which the 2001 Venice Commission opinion correctly considered clearly disproportionate.