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Moldova
2016
EOM
Presidential
The election-dispute resolution system would benefit from an overall review to eliminate gaps and inconsistencies in order to provide for effective legal redress. In particular, the law should grant every voter a right to file a complaint on every stage of the electoral process, set out the competences and detailed procedures for different types of complaints, provide the deadlines for decisions on post-election complaints, including in-between two rounds of election, if required.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Complaints and appeals
Moldova
2016
EOM
Presidential
The CEC and the courts should give full and impartial consideration to the substance of complaints, respecting the right to effective remedy and deliver consistent decisions. All complaints should be addressed in a timely manner with reasoned decisions in writing and published.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and appeals
Moldova
2016
EOM
Presidential
To ensure due process and to increase confidence in the complaints and appeals system, police and prosecutors should carry out investigations of electoral offences in a timely manner.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and appeals
Moldova
2016
EOM
Presidential
Consideration should be given to establishing clear procedures and jurisdiction for the handling of election-related complaints and appeals in a timely manner, including complaints concerning out-of-country voting, and providing an effective mechanism to appeal election results. The CEC could employ measures to inform electoral stakeholders of jurisdiction and avenues for lodging election-related complaints.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and appeals
Moldova
2019
EOM
Parliamentary
elections
To increase confidence in the police and prosecutors should vigorously investigate and prosecute all electoral violations and publish updated statistical and other information on electoral cases on a regular basis and once they are concluded.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and Appeals
Moldova
2019
EOM
Parliamentary
elections
All election bodies and courts should consider election related cases in open sessions and publish session or hearing dates in advance and reasoned decisions promptly.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and Appeals
Moldova
2019
EOM
Parliamentary
elections
In order to ensure access to an effective remedy, the jurisdiction for each type of complaint, needs to be clarified. The CEC could consider providing better information to stakeholders about the jurisdiction and procedures for lodging complaints and appeals.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Complaints and Appeals
Moldova
2015
LEOM
Local
elections
To ensure effectiveness, consistency and transparency in dispute resolution, the CEC could consider enhancing its supervisory role over lower level bodies and provide clear guidance on complaint forms to simplify procedures. All decisions should be fully justifiable and indicate available remedies.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2024
Final report heading:
Complaints and appeals
Moldova
2015
LEOM
Local
elections
The Election Code should clearly set out the timelines for filing recount requests.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2024
Final report heading:
Complaints and appeals
Moldova
2020
LEOM
Presidential
The relevant provisions of the Election and the Administrative Code should be harmonized to provide for clear avenues and appropriate deadlines for timely resolution of all election-related disputes by the election administration and courts.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Complaints and Appeals
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