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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
Joint Opinion on the Electoral Code of Moldova as of March 27, 2007
Elections in Moldova have been observed by international organisations for many years, and the election laws have been reviewed by the Venice Commission and OSCE/ODIHR. The Venice Commission and OSCE/ODIHR issued a joint opinion in 2006 and the law has been amended after that. The Vice Speaker of the Parliament has listed in the “Report on the implementation of recommendations provided by the Council of Europe and the OSCE/ODIHR experts” which recommendations have been followed and has given the reasons for why some recommendations have not been followed. More precisely, the Parliament reported that most of the CoE experts’ recommendations were accepted and inserted in the text of the law, while “10 objections and proposals have been partially accepted or have not been accepted with the relevant arguments”. This Opinion should be read in conjuction with the Joint opinion on the Electoral Code of Moldova adopted at the 66th plenary session of the Venice Commission (17-18 March 2006, CDL-AD(2006)001), as a number of previous recommendations remain to be addressed.
Joint Opinion on Amendments to the Electoral Code of the Republic of Albania
This Joint Opinion on amendments to 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”). This opinion comments on the amendments that have been introduced to the Code subsequent to the Joint Recommendations on the Electoral
Law and the Electoral Administration in Albania made by the OSCE/ODIHR and Venice Commission on 2 November 2004. The present opinion was 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.
Joint Opinion on the Draft Law on Voters Lists of Croatia
In the framework of their cooperation on the reform of the electoral legislation the authorities of Croatia requested the OSCE/ODIHR and the Venice Commission to provide an opinion on the Law on Voter Lists of the Republic of Croatia (Doc. CDL(2007)044rev). The Central State Administration Office developed a Bill on Voter Lists (“the Draft Law”), which the Croatian Government has submitted for consideration by the Parliament (Sabor). While the Draft Law would not make fundamental changes to the method of voter registration, it would lead to important administrative and procedural changes that could ultimately affect the rights of voters.
Joint Opinion on the 26 February 2007 Amendements to the Electoral Code of the Republic of Armenia
Following that opinion, the Venice Commission together with OSCE/ODIHR provided a Final Opinion on the amendments to the electoral code of the Republic of Armenia passed on 22 December 2006 (CDL-EL(2007)002). This Final Opinion was adopted on 16-17 March 2007 by the Venice Commission (CDL-AD(2007)013). Further amendments to the electoral code were passed on 26 February 2007 (CDL-EL(2007)008), which were not covered by the Final Opinion. This current review is limited to the changes made in February 2007.
Joint Opinion on the Law on the State Register of Voters of Ukraine
On 22 February 2007 the Verkhovna Rada (national Parliament) of Ukraine adopted a Law on the State Register of Voters. This draft opinion is based on comments of the Law prepared by Messrs Joseph Middleton (expert for the Office of Democratic Institutions and Human Rights of the OSCE) and Ángel Sánchez Navarro (Substitute Member, Council of Europe’s European Commission For Democracy Through Law, Spain), and are made on an English translation of the text. A previous Draft Law on the State Voter Register of Ukraine had been prepared in 2005 and commented jointly by the OSCE/ODIHR and the Venice Commission upon a request from the Ministry of Justice of Ukraine. A Joint Opinion on the Draft Law on the State
Register of Voters on Ukraine, (CDL-AD(2006)003), was adopted by the Venice Commission in December 2005. This Law should be considered in view of the objective to complete the establishment of a voter register for 2010.
Final Joint Opinion on Amendments to the Election Code of the Republic of Armenia
The present opinion focuses on the amendments to the electoral code adopted by the National Assembly of the Republic of Armenia on 22 December 2006 and brings the cooperation between the National Assembly of Armenia and the Venice Commission and the OSCE/ODIHR during the process of amending the election law to completion.
Joint Opinion on the Draft Working Text Amending the Election Code of the Former Yugoslav Republic of Macedonia
With a view to support the efforts of the authorities of “the former Yugoslav Republic of Macedonia” to further improve the legal framework for elections in line with OSCE commitments, Council of Europe standards and other international best practices for the conduct of democratic elections, the OSCE/ODIHR and the Venice Commission offer for consideration to the Government the following recommendations. This document should be read together with the “Joint Opinion on the Electoral Code of the Former Yugoslav Republic of Macedonia”, provided by the OSCE/ODIHR and Venice Commission and adopted by the Council for Democratic Elections at its 17th meeting (8-9 June 2006) and the Venice Commission at its 67th plenary session (Venice, 9-10 June 2006; CDLAD(2006)026).
Joint Opinion on the Election Code of Georgia (as amended through 24 July 2006)
The Venice Commission was requested on 3 October 2005 by the Parliament of Georgia to provide an Opinion on the Election Code of Georgia. The most recent joint opinion of the Venice Commission and the Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) on the Election Code is dated 16 June 2006 and addresses amendments through 23 December 2005. Following adoption of additional amendments, the OSCE/ODIHR and the Venice Commission agreed on providing a revised joint opinion. The present legal review represents therefore an update to the June 2006 Opinion and covers the latest amendments of 23 June and 24 July 2006.