The Constitutional Court was “absolutely correct” to suspend the law that prohibited leading-position members of the outlawed Shor Party from participating in the November 5 local elections, says Alexandru Tănase. Among other criticism, the former Constitutional Court president has noted that adopting the law in the first place violated the Council of Europe principle that advises against amending electoral rules in the run-up to an election.
“The effects of this law mean that not only Ilan Shor, Marina Tauber and other actual leaders of the party are sanctioned, but also ordinary town councilors who have never met Shor and are not chargeable for his actions. The electoral rules were amended under the pretext of enforcing the decision of the Constitutional Court. But Council of Europe standards prohibit member states from amending legislation at least a year before elections. These changes took place not only in violation of the Council of Europe principles, but right in the middle of the election period, which is very serious. Therefore, the decision of the Constitutional Court is absolutely correct. Collective liability no longer exists in the legal system, not even in the Soviet system. After Stalin’s death, it was excluded. Responsibility is individualized”, said Tănase during a Radio Moldova program.
Pavel Postica, vice president of the Central Electoral Council, says that with the suspension of the law, all former members of the Shor Party have been allowed to seek registration in the November elections.
“Once the Constitutional Court has delivered this decision and the prohibition has been suspended, we as the executive electoral body will comply. This means that everybody targeted by this provision, until a final decision is issued in this case, will be able to submit their papers for registration”, Pavel Postica told the same program.
The Constitutional Court is due to revisit the issue on October 3.
