public funds, as a consequence, generates the disqualification of the convicted person, upon a final judgment.” 103. On its behalf, the State expressed that Article 105 of the LOCGRSNCF “must be interpreted pursuant to the parameters established in Article 30 […]of the Convention, which specifies the scope of the permitted restrictions to the enjoyment and exercise of rights and freedoms so recognized, that can be applied pursuant to the laws rendered for reasons attributed to the general interest and for the purpose for which they were established.” In this regard, the State noted that “in the unlikely event that there is a contradiction between Article 23(2) [of the Conviction] and the Constitution […] of Venezuela, the prevalence of the international treaty is not absolute or automatic.” Therefore, the State argued that “that which is enshrined in Article 23(2) cannot be invoked in isolation, […] against the competence and duties of the National Public Power, as is the Citizen or Moral Power.” It further argued that “the sanction of disqualification from public office for a period of time, imposed by the Comptroller General of the Republic, [...] is not a disqualification of a political nature, and therefore, it is totally different from a political disqualification [...] that derives from a criminal conviction, declared by a judge in a final judicial decision, after having gone through a criminal proceeding.” Under this argument, the State raised the issue that "a political disqualification suspends the exercise of all political rights of the convicted, which is a circumstance that is radically different from what happens in the course of the sanction of disqualification from public office, [... ] which only disables the subject from the exercise of public functions for a given period, regardless of the way such position comes to be held[. T]his [...] can be by appointment, contest, appointment, or popular election, and obviously, as a result of this impediment may not register to qualify for elected office, because that is precisely the mechanism that would allow entry to the exercise of public functions.” In support of this argument, the State made an extensive presentation on how its domestic courts have interpreted the laws applied in this case, as well as on legislation enacted by other countries in the fight against corruption. Moreover, the State also argued that the sanction of disqualification imposed by the Comptroller is aimed at fighting corruption and protecting public funds, which serves a compelling governmental interest. 2. Considerations of the Court 104. The Court must determine whether the sanction of disqualification imposed on Mr. López Mendoza by a decision of an administrative body and the subsequent failure to register his candidacy for an elective office is compatible with the American Convention. It is not necessary, however, that the Court rule on the interpretation of Venezuelan domestic law and in particular on the compatibility or incompatibility of Article 105 of the LOCGRSNCF with the Venezuela Constitution. 207 Moreover, the Court also considered that in deciding this case it is not necessary to rule on the arguments of comparative law presented by the State. If in the future, a case appears before the Court in which one of the standards cited by the State is applied, it then follows suit to analyze it in the light 207 La Constitución de la República Bolivariana de Venezuela de 1999 establece en sus artículos 42 y 65 lo siguiente: Artículo 42. Quien pierda o renuncie a la nacionalidad pierde la ciudadanía. El ejercicio de la ciudadanía o de alguno de los derechos políticos sólo puede ser suspendido por sentencia judicial firme en los casos que determine la ley. Artículo 65. No podrán optar a cargo alguno de elección popular quienes hayan sido condenados o condenadas por delitos cometidos durante el ejercicio de sus funciones y otros que afecten el patrimonio público, dentro del tiempo que fije la ley, a partir del cumplimiento de la condena y de acuerdo con la gravedad del delito (énfasis añadido). Artículos 42 y 65 de la Constitución de la República Bolivariana de Venezuela, supra note 27, folio 55. 47