Election-related Legal Opinions and Comments

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).

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.

This assessment reviews and comments on the Election Code (herein “the Code”) of the Kyrgyz Republic, as amended by the Jogorku Kenesh (Parliament) through 27 January 2006. The assessment is a result of a long standing dialogue and cooperation between the authorities and civil society of the Kyrgyz Republic and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR). The OSCE/ODIHR commented in November 2003 and January 2004 on proposed amendments to the Code proffered by both executive and legislative branches of government. The OSCE/ODIHR has also provided comments and recommendations on the legislative framework for elections within its reports related to the Parliamentary Election and Early Presidential Election held in 2005, as well as Recommendations for the Early Presidential Election specially developed by the OSCE/ODIHR to assist authorities before the 2005 Early Presidential Election.