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Election-related Legal Opinions and Comments
Legal books line the shelves of ODIHR's Elections Department. (OSCE/Agnieszka Rembowska) Photo details
Final Opinion on the Amendments to the Election Code of the Republic of Azerbaijan
On 1 March 2005 representatives of the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR), the Venice Commission and the authorities of the Republic of Azerbaijan met in Strasbourg in order to discuss possible amendments to the Election Code. It was decided that the authorities of Azerbaijan would prepare a draft text and submit it for opinion to OSCE/ODIHR and the Venice Commission before the end of March. The Venice Commission received the draft on 25 April 2005 and transmitted it to OSCE/ODIHR and to its members Messrs G. Nolte and P. Paczolay. The OSCE/ODIHR consulted Mr. R. Maleev for comments.
Interim Joint Opinion on the Draft Amendments to the Electoral Code of Armenia (version of 19 April 2005)
This Joint Opinion follows the previous opinions on the Electoral Code of the Republic of Armenia provided by the Venice Commission and OSCE-ODIHR. This opinion is specifically based on the most recent previous opinion and on the draft law
amending the Electoral Code, namely: • The Preliminary Joint Opinion on the Revised Draft Amendments to the Electoral Code of Armenia by OSCE/ODIHR and the Venice Commission from 30 March 2005 (CDL-AD(2005)008; further referred to as Preliminary Joint Opinion); • Draft Revised Joint Opinion on the Revised Draft Amendments to the Electoral Code of Armenia, from 31 March 2005 (CDL-EL(2005)010); • The unofficial English translation of the Draft Law on Amendments and Additions to the Electoral Code of the Republic of Armenia, version of 19 April 2005; • The version of the Electoral Code of 3 August 2002 (CDL(2003)052).
Preliminary Joint Opinion on the Revised Draft Amendments to the Electoral Code of Armenia
This Preliminary Joint Opinion follows the previous opinions on the Electoral Code of the Republic of Armenia provided by the Venice Commission and OSCE-ODIHR. This opinion is specifically based on the most recent previous opinion and on the draft law amending the Electoral Code, namely: • The Joint Opinion on the Draft Amendments to the Electoral Code of Armenia by OSCE/ODIHR and the Venice Commission from 6 January 2005 (CDL-AD(2004)049; further referred to as Joint Opinion); • The Draft Law on Amending and Supplementing the Electoral Code of the Republic of Armenia, submitted by Mr. Baghdasaryan, version of 14 December 2004, the draft for the second reading in the National Assembly of Armenia (CDL(2005)008). • The comments are based on the version of the Electoral Code of 3 August 2002 (CDL(2003)052). This report is preliminary in nature since further amendments to the draft are planned.
Assessment of the Law on Elections of the Oliy Majlis of the Republic of Uzbekistan
This assessment reviews and comments on the Law on Elections of the Oliy Majlis of the Republic of Uzbekistan adopted by the Parliament on 29 August 2003 (herein “the Election Law”) and amendments to the Law adopted by Parliament on 27 August and 2 December 2004. The Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) has previously commented on the legal framework for elections in Uzbekistan. This assessment should be viewed as complementary to earlier comments and recommendations, which are particularly relevant as many of them are based on actual observations, and in conjunction with this assessment of the written text of the Election Law, provide a comprehensive commentary on the legal framework for elections in Uzbekistan.
Joint Opinion on the Draft Amendments to the Electoral Code of Armenia
These comments follow the previous work by the Venice Commission and the OSCE/ODIHR on the Electoral Code of the Republic of Armenia. This analysis is specifically based on the two most recent recommendations and the draft law
amending the Electoral Code, namely: • Joint Recommendations on the Electoral Law and the Electoral Administration in Armenia by OSCE/ODIHR and the Venice Commission from 17 December 2003, CDL-AD(2003)021 (further referred to as Joint
Recommendations); • Additional Considerations on the Electoral Law and Electoral Administration in Armenia based on the roundtable on electoral reform held in Yerevan between 24/27 February 2004 by Michael Krennerich, Owen Masters and
Jessie Pilgrim (Additional Considerations); • Draft Law on Amending and Supplementing the Electoral Code of the Republic of Armenia, submitted by Mr Torossian, version of 21 July 2004 (CDL(2004)074).
Joint Recommendations on the Election Law and the Election Administration in Albania
This joint assessment of the Electoral Code of the Republic of Albania is provided by the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (“OSCE/ODIHR”) and the Council of Europe’s European Commission for Democracy Through Law (“Venice Commission”), on the basis of comments by two experts of the OSCE/ODIHR, Mr. Jessie Pilgrim (USA) and Mr. Adriaan Stoop (Netherlands).
Assessment of the Constitutional Law on Elections of Kazakhstan
This assessment of the Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” (The Election Law) is provided by the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR). The assessment is based on an unofficial English translation of the text. Any legal review conducted on the basis of translated text may be affected by the quality of the translation.
Joint Recommendations on the Election Law and the Election Administration in Moldova
The present recommendations were elaborated following resolution 1320 (2003) of the Parliamentary Assembly of the Council of Europe, which invites the Venice Commission to formulate opinions concerning possible improvements to legislation and practices in particular member states or applicant countries. The Venice Commission requested a review, based in particular on the observation reports of the local elections in the Republic of Moldova of 25 May and 9 June 2003. This review, issued by Mr Kåre Vollan (expert, Norway), results in a set of recommendations for amendments of the Election Law. Many of the proposals were also taken from the Opinion on the Election Law of the Republic of Moldova issued by the Venice Commission on 16 January 2003 on the basis of comments by Richard Rose and Kåre Vollan (CDL-AD(2003)001).