the correctness and predictability of the electoral process. This provided that the law amending the
Electoral Code was published and, respectively, entered into force during the election period,
according to the calendar approved by the CEC, for the new parliamentary elections and in the
immediate vicinity of the beginning of the election period for general local elections. The CEC has
therefore struggled to comply with the principles of decision-making transparency and public
consultation in order to adjust its regulations in line with the new amendments.
In addition, due to the amendments made to the Electoral Code within the electoral period and
their application in different ways for two types of elections held on the same day, the Observation
Mission of the Promo-LEX Association considers that the organization of the electoral process was
complicated and accompanied by uncertainties.35
We recall that the European Commission for Democracy through Law (Venice Commission)
in its Joint Opinion No. 907/2017 on the law amending and finalizing certain legislative acts
(Electoral system for the election of Parliament) specified that: “Successful electoral reform is
based on at least the following three elements: 1) clarity and comprehensive legislation in line with
international standards; 2) adoption of legislation by broad consensus, after public consultations
with all relevant parties; 3) the political commitment to fully implement the electoral legislation in
good faith."36.
The People's Advocate reminds that, in ruling on the importance of the right to vote in a
democratic society, the European Court has emphasized that in the 21st century, in a democratic
state, the right to vote must not be a privilege of certain categories of persons, but a good of the
whole society, and the presumption should operate in favor of its recognition in the case of as many
persons as possible (see, to that effect, Mathieu-Mohin and Clerfayt v. Belgium, 3 March 1987),
§51; and Hirst v. the United Kingdom [no.2], 6 October 2006, §59). Otherwise, the democratic
legitimacy of the legislature thus elected and that of the laws adopted by it would be undermined.37.
However, the European Court has held that the notion of "implicit limitation" arising from
Article 3 of the Additional Protocol no.138, is of particular importance in determining the legitimacy
35
https://promolex.md/wp-content/uploads/2019/12/Raport_ALG_2019_web.pdf
Pct.12 from Joint Opinion on the law for amending and completing certain legislative acts (electoral system for the
election of the Parliament), Adopted by the Council for Democratic Elections at its 61st meeting (Venice, 15 March
2018) and by the Venice Commission at its 114th Plenary Session (Venice, 16-17 March 2018) from 19 March 2018;
37
See Hirst [no. 2], cited above, §62;
38
The right to free choice;
36
23
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