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PUBLIC CALL regarding ensuring a transparent and inclusive process in the examination and adoption of the draft law on the amendment of the electoral legislation and the preparation for the organization of elections in pandemic conditions

25 June 2020

The signatory organizations, members of the Civic Coalition for Free and Fair Elections, appeal to the Central Electoral Commission: To ensure real decision-making transparency and to show consistency in publishing the table of divergences to the draft law on the amendment of the electoral legislation and that related, such as and of the proposals submitted by civil society organizations To urgently initiate the process of identifying the necessary measures to ensure the smooth conduct of the presidential elections in the country and abroad in the circumstances imposed by the COVID-19 pandemic To the Parliament of the Republic of Moldova: To initiate urgently the revision process of the electoral legislation and the related legislation that regulates the organization and conduct of the presidential elections from November 1, 2020 in accordance with the addresses of the Constitutional Court, the recommendations of the national and international observation missions To ensure a transparent and inclusive process examination of the draft law on the amendment of the electoral and related legislation, with the participation of all interested parties. On May 11, 2020, the Central Electoral Commission (CEC) made public a document with proposals to amend the electoral and related legislation, made by a national expert and completed with the proposals of CEC members. The formulated proposals were to remove the gaps and legislative deficiencies identified by the CEC and other public authorities, to resolve the addresses of the Constitutional Court formulated following the presidential elections of October 30 (November 13) 2016 and to respond to the recommendations formulated by the national and international election observation missions . Although it was published on the website of the CEC, the document was not officially submitted to the public consultation process, as the person responsible for collecting the proposals and the deadline for their reception were not indicated. During May 2020, at the request of the Coalition for Free and Fair Elections (CALC), the CEC organized two meetings with CALC members, where the proposals for amending the electoral legislation developed by civil society organizations were presented, as well as their opinions towards the document published by the CEC. Following the discussions, on May 20 and 21, 2020, the CALC member organizations sent their opinions to the attention of the CEC. Previously, on April 7, 2020, the Independent Press Association submitted to the CEC a set of proposals regarding the amendment of the Electoral Code in the chapter on the coverage of the elections in the mass media. On June 2, 2020, the Central Electoral Commission approved by Decision no. 3949 the draft law to amend the electoral and related legislation. The document was approved in a hasty manner, without a presentation of the main key changes to the electoral legislation targeted by the respective draft law and without questioning the proposals submitted by civil society organizations. The latter, according to the CEC president, were to be sent to the Parliament and the Government together with the voted bill, but also published on the CEC web page. At the time of publishing this call, the table of divergences to the draft law, as well as the views of civil society, are still missing from the CEC web page. On June 3, 2020, the CEC submitted to the Government and the Parliament for examination the set of proposals for amending some legislative acts, approved by CEC Decision no. 3949 of June 2, 2020. The project was not published on any of the web pages of these institutions. We draw attention to the fact that following the presidential elections of October 30 (November 13) 2016, the Constitutional Court issued six addresses to the Parliament of the Republic of Moldova. The Parliament, contrary to the provisions of the legislation, until the moment of launching this Appeal, did not resolve three addresses in any way, and the other three addresses were only partially resolved. According to art. 281 of the Law on the Constitutional Court, a term of no more than 3 months is established for examining the observations (findings) of the Court and informing it about the results of the examination. We remind you that the presidential elections were set for November 1, 2020. Parliament has less than 2 months to resolve the Constitutional Court's addresses and perfect the electoral legislation for the good organization and conduct of this year's presidential elections. At the same time, taking into account the current epidemiological situation in the country and in the states where the citizens of the Republic of Moldova live abroad, we consider it necessary for the CEC to initiate without delay the process of revising the electoral procedures necessary to ensure safe conditions for the activity of electoral officials and of voting by citizens both in the country and abroad. www.alegeliber.md - The Civic Coalition for Free and Fair Elections is a permanent entity voluntary, made up of 35 public organizations from the Republic of Moldova with the aim of contributing to the development of democracy in the Republic of Moldova by promoting and holding free and fair elections in accordance with the standards of the ODIHR (OSCE), the Council of Europe and its affiliated specialized institutions.