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Elections30 July 2026 07:21

Promo-LEX on the draft law concerning elections in Gagauzia: “For ‘non-urgent’ proposals, the decision-making process must be respected, including dialogue with political parties”

The Promo-LEX Association considers that amending electoral legislation in order to organize the regional elections on November 15 is a necessary and urgent measure. At the same time, the organization says that efforts to improve the Electoral Code must also include the recommendations of the Venice Commission, national election observation missions, as well as a broad consultation process with all relevant stakeholders, TRIBUNA reports.

“According to the explanatory note, the priority registration and examination of the draft law is justified by the fact that the Popular Assembly of Gagauzia established November 15, 2026 as the date for elections of deputies to the Popular Assembly.

At the same time, following the Constitutional Court Decision No. 8 of July 9, 2026, Parliament is obliged to adjust the electoral regulatory framework in order to more fully include regional electoral bodies, as well as regional elections, within the structure and system of electoral bodies of the Republic of Moldova.

In this regard, we recall that according to the recommendations of the Venice Commission, ‘once the election date has been set, no changes should be made to electoral legislation, except where they are strictly necessary to ensure compliance with binding decisions of national constitutional courts or supreme courts with equivalent jurisdiction, or international courts,’” the statement reads.

At the same time, Promo-LEX says that although the adoption of regulations necessary for organizing regional elections may be carried out under a priority or urgent procedure, Parliament should still organize public consultations on these issues before the second reading.

“Furthermore, we draw attention to the fact that, procedurally, draft laws registered by MPs cannot benefit from either priority or urgent status; the emergency procedure applies upon the Government’s request and with the approval of the Permanent Bureau.

We consider that the other amendments included in this draft law — the implementation of postal voting, the establishment of polling stations in the Transnistrian region, the financing of electoral campaigns, etc. — must undergo a full and transparent consultation process on the parliamentary platform.

Some of the proposals included in the draft law signed by a group of MPs were previously discussed and consulted on the platform of the Central Electoral Commission, as proposals from the electoral authority. However, we believe that, in order to improve the draft law — including by addressing other issues identified by election observation missions and other relevant actors — and to comply with legal provisions on transparency of decision-making, these issues must also be debated on the parliamentary platform.

Therefore, public consultations must be organized, taking into account MPs’ amendments, proposals from civil society representatives, objections and proposals from parliamentary factions, standing committees, Government opinions, the General Legal Directorate, etc.,” the experts stated.

According to Promo-LEX, efforts to improve the Electoral Code must include the recommendations of the Venice Commission, national election observation missions, and ensure implementation of the commitments undertaken within the Roadmap for Strengthening Democratic Institutions.

“In this context, we recall the proposals submitted by Promo-LEX to the CEC during the public consultations organized in April 2026 and specifically highlight the need to introduce provisions regarding:

  • accessibility of the electoral process for persons with disabilities;
  • voting in healthcare and care institutions;
  • regulation of third-party involvement in electoral campaigns;
  • additional rules ensuring financial transparency during electoral periods before the official start of campaigns (for example, political parties submitting financial reports before the official start of the campaign).

At the same time, we note that since the last electoral cycle, the Venice Commission has issued at least two relevant opinions concerning the electoral process — regarding the status and measures targeting successor parties, and regarding Law No. 100/2025 — but the considerations from these opinions do not appear to be reflected in the proposed draft law,” the statement added.

Promo-LEX also noted that, according to the explanatory note, drafting the bill is part of Moldova’s commitments undertaken in the context of European Union accession negotiations, particularly those related to Cluster I — Fundamental Values.

According to the Roadmap for Strengthening Democratic Institutions, amendments to the Electoral Code and related legislation should specifically address:

  • regulation of third-party involvement in electoral campaigns;
  • improved cooperation between electoral bodies and law enforcement institutions;
  • regulation of the involvement of the Commission for Exceptional Situations of the Republic of Moldova in the electoral process, as well as ensuring an effective parliamentary oversight mechanism over its decisions;
  • dissemination of targeted political advertising to ensure greater transparency in line with EU Regulation 2024/900;
  • alignment of electoral legislation with standards guaranteeing an inclusive and resilient electoral process, including alternative voting methods and improved accessibility for persons with disabilities.

“In Promo-LEX’s view, the proposed draft law practically does not address the needs outlined above,” the statement said.

In this context, the association reiterated the following requests:

  • Timely approval only of provisions relevant to organizing the regional elections of November 15, 2026.
  • For “non-urgent” proposals at this stage, ensuring compliance with the decision-making process, including dialogue with parliamentary and non-parliamentary political parties, civil society representatives, and other stakeholders, in order to expand the issues addressed and identify the best solutions.
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