What remedies are available in the first instance?

Moldova, Republic of

Moldova, Republic of

Answer
Reversal or upholding of the challenged decision
Source

Remedies available as a result of CECdecision

 

CEC regulation on introducing the proceduresof hearing the complaint in election period (as of 2011, in Russian)

Source: http://www.cec.md/index.php?pag=legislatie&ids=regulament&id=4553&start=&l=ru

 

Article 26. While reviewing the appeal theelection body shall adopt one of the following decisions:

a) to satisfy the appeal in whole or in partwith upon finding violations of the provisions of the electoral law;

b) to dismiss the complaint as ungroundedbecause of a lack of evidence or violating the terms of its filing.

In the case of the appeal of the decisionsmade by lower electoral bodies, higher electoral body shall:

a) dismiss the appeal and uphold thedecision taken by lower electoral bodies;

b) satisfy the appeal and the decide tocancel the corresponding lower electoral body’s in whole or in part adopting anew decision.

 

Remedies available as a result of thedecision of the Chisinau Court of Appeal

 

The Law of the Republic of Moldova onAdministrative Court, as of 2013, in Russian

 

Source: http://lex.justice.md/viewdoc.php?action=view&view=doc&id=311729&lang=2

 

Article 25. (1 ) Having considered the appeal,the administrative court will make one of the following decisions :

a) dismiss the appeal as ungrounded orbrought to the court with a violation of the statute of limitations

b) satisfy the appeal and repeal thedisputed administrative act in full or in part, or oblige the respondent toissue the decision requested by the applicant, or issue a certificate or anyother document, or to eliminate any violations committed by the respondent and toreimburse to the applicant the costs in the event such were caused by theuntimely execution of the decision of the administrative court

c) satisfy the appeal and determine thecircumstances justifying the suspension of the activities of the local or , asappropriate, the district council .

(2) The administrative court may, within itscompetence to rule on its own initiative or at the request of a decision on thelegality of administrative acts or actions on the basis of which the contestedadministrative act was issued. In cases where the verification of the legalityof such acts or activities fall within the competence of the superioradministrative court, an appropriate court makes a request on verification ofthe legality of an administrative act according to the procedure provided bythis law.

(3) In the event of satisfaction of theappeal the administrative court may, upon application make a decision oncompensation for material and moral damage caused to the applicant by theunlawful administrative act or failure to consider the appeal in time frame ofstatutory pre- application.

(4) The amount of moral damage isestablished by the administrative court regardless of the material damage,taking into account the nature and severity of the moral or physical suffering, the extent of the respondent's guilt, if guilt is a condition ofresponsibility, as well as the circumstances in which the damage occurred , andthe social status of the victim

Comment

CEC

Satisfy the appeal cancelling the lowerelection body’s decision and adopting a new one, dismiss the appeal and upholdthe previous decisions

Chisinau Court ofAppeal

Uphold the decision on refusal to registeras an MP candidate, satisfy the appeal, cancelling CEC decision refusing toregister as MP candidate, obliging CEC to register the applicant as MPcandidate

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