Ex-president of the Constitutional Court (CC) Alexandru Tănase leveled harsh criticism at the law that bans particular members of the outlawed Shor Party from running in elections. According to the jurist, in the case of a party that is declared unconstitutional responsibility cannot be collective. Each party member who committed abuses should answer individually before the law. Moreover, Alexandru Tănase said the bill should have been adopted only after consulting the Venice Commission, IPN reports.
The legislative body on Monday gave a final reading to the bill that prevents members of the administration of a party declared unconstitutional from running in elections. Also, persons holding elective posts, who were elected on the ticket of this party, cannot stand as candidates at elections for a period of five to seven years.
“What is more serious is that such laws are adopted without finding out the opinion of the Venice Commission. When the Republic of Moldova joined the Council of Europe, our country committed itself to consult this institution on all the amendments concerning the functioning of democratic institutions. In this case, it goes to the electoral process. The Venice Commission discourages governments from making amendments to the electoral legislation during at least one year before elections. But the local elections in our country will take place in several months. It is regrettable that a good intention to impose integrity in the political process, to block the illegal financing of the political process is implemented with instruments that discredit this idea,” Alexandru Tănase stated in the public TV channel Moldova 1.
The ex-president of the CC also said that the bans imposed on some of the members of the Shor Party are disproportionate. The member of a political party cannot be penalized for illegalities committed by the party’s administration.
“There is a legal principle. Responsibility cannot be collective. It is individual. The Constitutional Court examined the constitutionality of an entity, a subject that has a concrete name – the political party Shor Party. The persons who fall under these very harsh sanctions will have the right to raise a number of exceptions of unconstitutionality. There are persons who decided to become involved in politics for various reasons. But the reasons for which they joined this political party do not matter. Responsibility cannot be collective. Responsibility should be individualized. Everyone should be punished for what they did,” noted Alexandru Tănase.
Fugitive politician Ilan Shor said the law that bans particular members of the outlawed party from running in elections will be challenged in the Constitutional Court.
