Back Republic of Moldova: banning the display of symbols used by Russia’s army in Ukraine is legitimate and proportional, says Venice Commission

Republic of Moldova: banning the display of symbols used by Russia’s army in Ukraine is legitimate and proportional, says Venice Commission

In the context of the war, the ban on the display of certain symbols used by the Russian armed forces during its invasion of Ukraine adopted by the Moldovan Parliament in April 2022 respects the requirements of legality, legitimacy and proportionality, according to an opinion adopted by the Council of Europe’s Venice Commission legal and constitutional experts during its 21-22 October plenary meeting.

The opinion focuses on the ban on the use of certain symbols introduced by Law No. 102 on Amendments to Some Normative Acts, which reforms the Law on the Countering of Extremist Activity and the Contravention Code, and on Law No. 143 on Amendments to the Audiovisual Media Services Code imposing certain restrictions on the media.

During its meeting, the Venice Commission also adopted an amicus curiae brief on certain provisions of Law No. 102 for the Constitutional Court of the Republic of Moldova related to the clarity of provisions on combatting extremist activities; and a joint opinion with the Directorate of Human Rights and the Rule of Law of the Council of Europe on the draft law on the Supreme Court of Justice (SCJ).

The joint opinion, requested by the Moldovan Minister of Justice, examines provisions related to the SCJ´s role in uniformising the application of the law, the reform of the composition of the SCJ to include legal professionals other than career judges, the reduction in the number of SCJ judges from 33 to 20, as well as the evaluation of judges, by vetting sitting judges and pre-vetting candidates.

The Commission also adopted, together with the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODHIR), a joint opinion on the draft electoral code and a joint amicus curiae brief on the offence of illicit enrichment.

 

The opinions and curia amicae briefs were prepared under the Quick Response Mechanism (QRM) in the framework of the European Union/Council of Europe joint programme Partnership for Good Governance, funded by the European Union and the Council of Europe and implemented by the Council of Europe.

 

 Full press release: Republic of Moldova: banning the display of symbols used by Russia’s army in Ukraine is legitimate and proportional, says Venice Commission (PDF)

Strasbourg 24 October 2022
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Strasbourg, France Strasbourg, 1-2 July 2024
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Addressing hate speech and hate crime: regional gathering of the network of Equality Bodies from the Western Balkans and the Eastern Partnership Region

A two-day workshop on addressing hate speech and hate crime took place at the premises of the Council of Europe in Strasbourg, involving Equality bodies from the Western Balkans and the Eastern Partnership regions.  The event supported by the EU and Council of Europe, gathered 50 representatives from both regions who discussed and exchanged on the best practices, measures and common challenges when addressing hate speech and hate crime. Through monitoring and reporting, policy advocacy, raising awareness and supporting victims equality bodies play a fundamental role in protecting human rights and ensuring that all individuals are treated equally.

In her opening remarks, Angela Longo, Head of Anti-discrimination Co-operation Unit, Council of Europe, underlined the significant progress in engaging with Equality Bodies through this network, regularly exchanging best practices and addressing the challenges of hatred and intolerance in societies. She highlighted that this new chapter of discussion delves into the grey area between hate speech and hate crime, addressing issues of incitement and biases,

Representatives from Equality Bodies had the opportunity to discuss and enhance their knowledge on the Council of Europe's Committee of Ministers Recommendation to member States on combating hate crime, adopted on 7th May 2024, as well as gain a clearer understanding of EU standards in the field of hate crime. Moreover, participants engaged in exchanges with peers from the Spanish Observatory on Racism and Xenophobia (OBERAXE), who shared insights on addressing hate speech in the public discourse. The National Office Against Racial Discrimination (UNAR) in Italy provided practical examples for developing counter-narratives and raising awareness initiatives.

They also explored opportunities to advocate for legislative reform, foster multisectoral co-operation, enhance data collection, and overall improve national mechanisms to counter hate crimes.

This seminar was organised within the action “Promoting equality and combating racism and intolerance in the Western Balkans” and the project “Promoting equality and non-discrimination: towards more resilient and inclusive societies” – co-funded by the European Union and the Council of Europe, and implemented by the Council of Europe  under the joint Programmes “Horizontal Facility for the Western Balkans and Türkiye” and “Partnership for Good Governance”.

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