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Location: Moldova
Year of election: 2016 - 2016
Election type: Presidential
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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
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
As previously recommended, decisions on locations for polling stations abroad should be taken transparently and based on clear and consistent criteria. Such decisions should be taken in broad consultation with relevant stakeholders well in advance of an election. Consideration could also be given to establishing additional polling stations at the same location, where feasible, and/or providing legal authorization to increase the number of ballots to polling stations abroad.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2021
Final report heading:
Election Administration
Moldova
2016
EOM
Presidential
To ensure a coherent electoral legal framework and contribute to its consistent application, the CEC could promptly address any emerging ambiguities and gaps in the law using regulations and instructions.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Mostly
Year of assessment:
2021
Final report heading:
Election Administration
Moldova
2016
EOM
Presidential
Consideration should be given to developing a more efficient system to update information in relevant registers that forms the basis of voter lists, including the timely update of entries in the civil and resident registers.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2021
Final report heading:
Voter Registration
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
Voter identification requirements within and outside of the country should be clarified well in advance of any election. They should aim at meeting the objectives of facilitating suffrage and allowing voter eligibility to be verified.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2021
Final report heading:
Voter Registration
Moldova
2016
EOM
Presidential
Undue restrictions on the right to be elected should be removed from the legal framework. Consideration should be given to lifting the residency requirement and the language requirement should be clarified through detailed and objective provisions.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Candidate Registration
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