Home > 2.6 Campaign finance > 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 39
 

The wording of the new provisions – especially items a) and b) – suggests that they pursue some of the aims which are legitimate under Article 11 (2) of the ECHR, such as the prevention of disorder or crime, the protection of morals and the protection of the reputation or rights of others. As far as item c) on political advertising is concerned, attention is drawn to a recent amicus curiae brief for the Constitutional Court of Armenia, in which the Venice Commission examined a provision which criminalised “materially incentivising participation in or refraining from participation in an assembly”. The Commission noted that according to its Joint Guidelines on Freedom of Peaceful Assembly, the practice of encouraged participation in assemblies should not be subject to legal regulation unless the provision of such incentives would contravene laws imposing proportionate limits on campaign financing. The Commission went on and noted that States may have the power to regulate paid participation in assemblies primarily in the context of electoral campaign financing: "In the context of electoral campaigns, regulating coercion and incentivisation ensures fair political competition. Otherwise, well-funded groups, political parties or foreign states could outspend grassroots movements, thereby silencing all other political actors.” Moreover, the Venice Commission referred to the legitimate aim of preventing undue foreign and domestic influence, including from individuals known as oligarchs, and to its opinions relating to “deoligarchisation”, including with respect to the Republic of Moldova. Bearing in mind recent reports on Moldovan elections highlighting foreign interference and disinformation, illegal financing of electoral campaigns, illicit monetary offers to voters and disinformation campaigns, aimed at influencing the electoral behaviour of citizens, the Commission concludes that the amendment pursued legitimate aims in principle. That said, the ban on paid participation in assemblies for the purpose of “political advertising” appears too broad and should be limited to activities clearly aimed at influencing election campaigns.