Requested by: Republic of Moldova, Minister of Justice

Recommended Measures:
Key recommendations: A. Restrictions on freedom of expression should be drafted and interpreted in conformity with constitutional and international human rights law; in particular: 1. Prohibitions on participation in campaigning (“electioneering”) by non-government, trade unions, charity organisations, as well as during processions and/or religious services, as well as by media, including private ones, if they are maintained, should be reworded to give them a narrower application; 2. Provisions on hate speech and incitement to discrimination should be reworded in order to avoid overly broad application. B. The provisions on (misuse of) administrative resources should be further refined, including introducing an effective enforcement mechanism to prevent these violations; C. Draft amendments need to be re-considered to continue allowing observers to observe all stages of the electoral process; D. Sanctions should respect the principles of proportionality and equality, in particular those related to election observers and the media and be subject to effective judicial review. Other recommendations: A. That access to voter lists by electoral contestants, their representatives and citizen observers incorporate procedures to make such examination meaningful; B. Not to provide for excessive regulative delegation to the Central Election Commission (CEC), for example on the scope of application of the Administrative Code; C. To list in the Electoral Code the different actions, inactions and decisions open to challenge by appeal, and to clarify related competencies of the ordinary courts and the Constitutional Court; D. To detail competences and decision-making powers of different stakeholders in the electoral dispute process and address the decision-making power in electoral disputes in more detail.

Measures taken: See opinion 1093/2022.