Association for Participatory Democracy ADEPT presented on May 31, 2001 the Analytical study "Recommendation of international institutions regarding the electoral legislation and procedures in the Republic of Moldova", produced within the project "Promoting compliance with international standards and OSCE commitments for democratic elections", funded by the OSCE Mission to Moldova.

The study developed by ADEPT experts analyses the situation regarding the implementation of recommendations for improving the electoral legal framework, presented previously to the authorities of the Republic of Moldova by international organizations and their specialized institutions. The research provides a review of the international assessments in the field, finding out that the improvement of legal, institutional and electoral procedures continues to receive priority attention in Moldova’s relations with the European institutions, while the adoption and appropriate implementation of recommendations made by OSCE / ODIHR and Venice Commission in their joint opinions represents an indisputable priority.

The 2007–2009 amendments to the Electoral Code approached superficially the external recommendations and did not provide the necessary framework for ensuring free and fair elections. Some of amendments even have worsened the situation, being introduced without consultation and without regard to the views and recommendations of international institutions. The amendments made in 2009–2010 have been valued positively. Although these changes have brought some improvements, nevertheless they have not been part of a comprehensive approach, solving only trivial problems.

The draft law on amending and supplementing the Electoral Code, prepared by the Special Parliamentary Commission for improving the electoral legislation and already adopted by Parliament in first reading, is an important document that would ensure the adoption of absolute majority of the recommendations of international specialized institutions. However, a number of recommendations and conceptual (systemic) problems remain; these can not be currently implemented due to a series of objective or subjective (but motivated) circumstances.

The authors of study recommend supplementing the provisions of the bill with amendments that would cover the recommendations and technical (typical) problems and will ensure full compliance of Moldova’s electoral legislation with the EU and international standards.

Analysis of recommendations from the 2008 joint opinion and their consideration in the amendments introduced in the electoral code in the period 2008-2010, as well as in the draft law curently on the agenda of the Parliament of the Republic of Moldova [128Kb]