ADEPT’s opinion aims to improve the clarity, predictability and applicability of the proposed provisions and focuses on issues directly related to the organization and conduct of regional elections in the Autonomous Territorial Unit of Gagauzia, as well as on related areas that may affect these elections.

 

In the analysis submitted to Parliament, ADEPT welcomes the objective of strengthening the electoral framework and addressing certain gaps identified in the application of the legislation. At the same time, it stresses that the proposed amendments should be carefully assessed from the perspective of legal certainty, proportionality, the impartiality of the electoral administration, and the availability of effective remedies.

 

Among the main issues addressed in the opinion are the clarification of how regional elections are regulated under the Electoral Code, the status of the electoral administration in the ATU Gagauzia, electoral dispute-resolution procedures, candidate eligibility requirements, and the limitations applicable to the financing and support of electoral campaigns.

 

ADEPT also draws attention to the need for clear rules governing challenges to electoral acts and election results, in order to avoid conflicts of jurisdiction or situations in which a complaint could be declared inadmissible due to unclear procedural requirements.

 

The organization further recommends a more precise and proportionate formulation of restrictions on electoral financing, so that efforts to prevent indirect or concealed financing do not result in unjustified limitations on the individual political rights of persons associated with certain organizations.

 

Another set of observations concerns eligibility requirements for regional elections. ADEPT considers that the requirements regarding the length of residence in the ATU Gagauzia should be formulated in a clear and verifiable manner, while the requirement for candidates for the office of Bashkan to have knowledge of the Gagauz and Romanian languages should be accompanied by an objective and predictable assessment mechanism.

 

ADEPT considers it important for the legislative process to advance in a timely manner in order to create the necessary legal conditions for holding regional elections in the ATU Gagauzia on 15 November 2026, based on clear rules and a functional electoral framework.

 

At the same time, ADEPT will continue to closely follow the legislative process and reiterates the need, at a subsequent stage, to address a broader range of issues related to updating electoral legislation and the related regulatory framework. This process is important in preparing for future electoral cycles and in following up on the recommendations issued by election observation missions after the 2023–2025 elections.

 

This opinion was developed within a project supported by the United Nations Development Programme (UNDP). The content of this material is the sole responsibility of ADEPT and does not necessarily reflect the views of the United Nations, including UNDP, UN Member States or donors.

 

The full text of ADEPT’s Opinion on Draft Law No. 280/2026 is available here: ADEPT Opinion – Draft Law No. 280/2026.