Banning members of outlawed parties from participating in elections is unconstitutional, top court finds

The Constitutional Court declared unconstitutional the provisions of the Electoral Code that prohibit persons associated with political parties declared unconstitutional to participate in elections. The decision was issued on Tuesday

The ruling resolves a complaint lodged on September 26 by representatives of the Shor Party, which was declared unconstitutional in June. The plaintiffs include MPs Marina Tauber, Vadim Fotescu, Petru Jardan, Reghina Apostolova and Denis Ulanov.

The challenged provisions stated that the persons who, on the date of the Constitutional Court’s decision regarding the declaration of the unconstitutionality of a political party, were members of the executive body of the political party declared unconstitutional, , as well as the persons who held elective positions on behalf of the political party declared unconstitutional, cannot stand for elections for a period of 5 years from the date of the Court’s decision.

The ruling is irreversible and enters into force on the date of publication.

Constitutional judges Nicolae Roșca and Liuba Șova formulated dissenting opinions.

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