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Location: Moldova
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Moldova
2016
EOM
Presidential
The election law could benefit from a comprehensive review to eliminate gaps and ambiguities and address recommendations of the OSCE/ODIHR and Venice Commission, including on signature collection and verification, candidate registration, the financing and conduct of the electoral campaign, sanctions on election violations, campaign restrictions, further strengthening measures to advance women’s participation and the holding of a second round. Election-related provisions of other legislation, including the Criminal Code, could also be reviewed and updated. The review process should be inclusive and completed well ahead of the next elections.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Electoral System and Legal Framework
Moldova
2016
EOM
Presidential
To enhance the transparency and oversight of campaign finances, previous OSCE/ODIHR, Venice Commission and GRECO recommendations should be addressed. A body with adequate capacity, technical expertise and independence to exercise its functions effectively should be empowered for such oversight. Should the CEC remain the competent oversight body, it should be given sufficient authority and resources to conduct effective campaign finance oversight. The law could prescribe graduated and proportionate sanctions for campaign finance violations.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Campaign Finance
Moldova
2016
EOM
Presidential
To enforce existing provisions on impartial coverage during the campaign and to provide for a level field of candidates, the CCA reports should be issued in a timely manner and effective sanctions following violations of the impartiality requirement should be applied immediately. The amount of fines could be increased to serve its sanctioning role.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Media
Moldova
2016
EOM
Presidential
Consideration could be given to harmonizing the provisions governing voting by students in national elections, and to ensuring that clear information about student voting procedures is available well in advance of an election.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Voter Registration
Moldova
2016
EOM
Presidential
To ensure a level playing field, consideration could be given to amending the law to ensure that candidate registration decisions are taken prior to the start of the campaign period, which should start on the same day for all contestants. The terms of resuming the campaign for a possible second round could be clearly stipulated to avoid uncertainty and inconsistent application of the law.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Campaign
Moldova
2016
EOM
Presidential
The authorities, upon consultation, should consider the introduction of an effective mechanism against instances of intolerant rhetoric, such as sexist and homophobic language and gender stereotyping, including in the campaign period. The general Code of Ethics and the internal codes of broadcasters could include provisions on avoiding discriminatory, sexist and homophobic language.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Election Campaign
Moldova
2016
EOM
Presidential
The campaign finance legal framework would benefit from further improvement to address identified gaps in its regulation and to further enhance transparency and accountability. Consideration could be given to consolidating all campaign finance legislation in a single law. To further enhance transparency and accountability, it is recommended that the oversight body be required to publish results and conclusions of its audit in a timely manner. Consideration could be given to introducing shorter reporting deadlines to allow for a more effective audit.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Campaign Finance
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
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