TĂNASE v. MOLDOVA JUDGMENT
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2. The Council of Europe Parliamentary Assembly’s Committee on the
Honouring of Obligations and Commitments by Member States of
the Council of Europe
46. In a report dated 14 September 2007, entitled “Honouring of
obligations and commitments by Moldova”, the Parliamentary Assembly’s
Committee on the Honouring of Obligations and Commitments by Member
States of the Council of Europe (“the Monitoring Committee”) noted the
following:
“20. The Assembly appreciates the efforts made by the Moldovan authorities in
order to assess the degree of implementation of the recommendations made by
Council of Europe experts. However, all new draft legislation in areas relating to the
commitments to the Council of Europe must be submitted to expertise and discussed
with Council of Europe experts prior to adoption.”
47. In its subsequent report of 9 June 2008, entitled “The state of
democracy in Europe: the functioning of democratic institutions in Europe
and progress of the Assembly’s monitoring procedure”, the Monitoring
Committee stated, inter alia, that:
“80. In their 2007 report on the ‘Honouring of obligations and commitments by
Moldova’ (Doc. 11374), the co-rapporteurs of the Committee on Moldova welcomed
the changes made to the Electoral Code in 2005. In particular, the threshold for party
lists was lowered to 4% for lists presented by individual political parties and 8% for
coalitions of political parties ...
...
82. The Monitoring Committee was ... alarmed by the recent legislative
developments with regard to the Electoral Code. In April 2008, the Moldovan
Parliament amended the Electoral Code again to raise the threshold for party lists up
to 6%. Moreover, the establishment of ‘electoral blocs’ – joint lists submitted by a
coalition of political parties – was prohibited. These measures have raised concern
and the Committee decided at short notice to hold an exchange of views with the
Moldovan delegation on 15 April [2008]. The electoral legislation should not be
changed every two or three years according to political imperatives. It should allow a
wide spectrum of political forces to participate in the political process to help build
genuinely pluralistic democratic institutions. The co-rapporteurs will closely examine
the recent amendments as well as the reasons behind the recent legislative
developments during the observation of the preparation of the forthcoming
parliamentary election to be held in spring 2009.”
3. The Parliamentary Assembly of the Council of Europe
48. Concern was also expressed by the Parliamentary Assembly in its
Resolution 1619 (2008) on the state of democracy in Europe, adopted on
25 June 2008:
“5.3. ... [T]he Assembly ... regrets the recent decision of the Moldovan Parliament
to raise this threshold for party lists to 6%.”