Home > 4.2 Presidential elections > REPUBLIC OF MOLDOVA – Opinion on Law no. 100/2025 containing a set of legislative amendments aiming to combat electoral corruption
 
 
 
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Paragraph 24
 

The Code of Good Practice in Electoral Matters further recommends that the fundamental elements of electoral law should not be open to amendment less than one year before an election, or should be written in the Constitution or at a level higher than ordinary law. The Revised interpretative declaration on the Stability of electoral law makes it clear that rules that determine the right to vote and stand for election, rules relating to the membership of electoral commissions and rules guaranteeing the effectiveness of election dispute resolution are among those to be considered fundamental. Yet, such rules were amended by Law No. 100, less than four months before the 2025 parliamentary elections, and after the elections had been called (on 17 April 2025). The Revised interpretative declaration emphasises that such a situation should in principle be avoided, and that any reform of electoral legislation to be applied during an election should occur early enough to allow candidates and voters to understand the changes and the electoral management bodies to understand and apply them. The very short timeframe before the parliamentary elections for implementing the significant and numerous amendments introduced by Law No. 100/2025 was clearly not ideal. Such late changes also risk jeopardising citizens’ trust in electoral processes: as the Venice Commission has pointed out, changes just before elections may seem to be dictated by immediate party political interests, even when no manipulation is intended. At the same time, the Venice Commission acknowledges and understands that the urgent need to react to the interferences in the 2024 presidential election and to act upon the Constitutional Court’s call for legal amendments made it particularly difficult for the legislator to adopt the reform in good time before the 2025 parliamentary elections. With a view to any future reforms, the Venice Commission recommends making every effort to ensure that amendments to electoral legislation are adopted by broad consensus after extensive public consultations with all relevant stakeholders, well in advance of elections, thus ensuring confidence in the electoral process.