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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 the former Yugoslav Republic of Macedonia
    Following a request for opinion by the Minister of Justice of the Republic of Macedonia, Ms Meri Mladenovska-Gjorgijevska, on 21 November 2005, the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) delivered a Draft Joint Opinion on the Draft Electoral Code of “the Former Yugoslav Republic of Macedonia” on 20 February 2006. Following enactment of the new drafted Electoral Code and its publication in the Official Gazette on 31 March, the Venice Commission and OSCE/ODIHR now present the present opinion on the Electoral Code, in view of, inter alia, upcoming parliamentary elections
    Report
    10 July 2006
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  • Joint Opinion on Draft Amendments to the Electoral Code of the Republic of Armenia
    This opinion focuses on the electoral reform package that was sent for consideration to the Venice Commission and OSCE/ODIHR by the then President of the National Assembly of the Republic of Armenia, Mr Arthur Baghdasaryan, on 28 March 2006. The reform package consists of 100 draft amendments to the Electoral Code, four draft amendments to the Law on Political Parties and 12 draft amendments to the Criminal Code. The views expressed in this opinion are restricted to the text of the amendments (CDL-EL(2006)020), and do not refer to the Electoral Code, the Party Law or the Criminal Code as a whole.
    Report
    15 June 2006
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  • Joint Opinion on the Draft Law on the State Election Commission of the Republic of Croatia
    The Draft Law is here reviewed under benefit from discussion thereof at a Roundtable held at the Parliament Building in Zagreb on 13 December 2005, co-organised by the Central State Administration Office (CSAO) and the OSCE Mission to Croatia, with participation of the OSCE/ODHIR and the Venice Commission. The Roundtable was attended by representatives of the Croatian Government, Parliament, Constitutional Court and Supreme Court as well as academicians and non-governmental organisations. The Prime Minister Dr. Ivo Sanader and the Speaker of the Parliament, Mr Vladimir Seks, attended the opening session, and the governmental representatives included Mr Branko Hrvatin, President of the Supreme Court and of the existing SEC, and Mr Antun Palaric, State Secretary of the CSAO, which has been instrumental in the drafting of the Law Bill. - The discussion referred inter alia to an earlier Roundtable organised by the OSCE Mission in November 2004, which also was attended by the OSCE/ODHIR and the Venice Commission. It was there concluded that the adoption of a law on the SEC should be among the priorities in electoral reform.
    Report
    23 March 2006
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  • Joint Recommendations on the Laws on Parliamentary, Presidential and Local Elections, and Electoral Administration in the Republic of Serbia
    The comments on the three election laws of the Republic of Serbia (Serbia and Montenegro) are provided by the Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) and the European Commission for Democracy through Law (Venice Commission) with the goal of assisting the authorities of Serbia in their efforts to improve the legal framework for elections. The OSCE/ODIHR and the VC stand ready to provide assistance to authorities in their electoral reform efforts.
    Report
    23 March 2006
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  • Joint Opinion on the Draft Electoral Code of the former Yugoslav Republic of Macedonia
    The Draft Electoral Code would provide a better integrated and unitary legislative framework for the administration of most elections. The Draft Code would make numerous improvements in the provisions currently included in the main election laws, including the Laws on the Election of Members of Parliament, on the Election of the President, and on Local Elections. In addition, other election-related laws, such as those on the Voter List and Election Districts (for parliamentary elections) have been incorporated in revised form into the Draft Code.
    Report
    21 March 2006
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  • Joint Opinion on the Electoral Code of Moldova, as amended on 22 July, 4 and 17 November 2005
    The Moldovan electoral system and its Electoral Code have been subject to a number of recommendations for improvement, by the OSCE/ODIHR and the Venice Commission of the Council of Europe over the past years. The most comprehensive set of such recommendations is found in the document called Joint Recommendations on the Electoral Law and the Electoral Administration in Moldova of 12 July 2004 (CDL-AD(2004)027), hereinafter called “the Joint Recommendations”. The document, however, makes it clear that it focuses on the questions arising from local elections and will in general not develop aspects specific to parliamentary elections, such as the existence of a single constituency. Another set of recommendations is given in the Venice Commission Opinion on the Election Law of the Republic of Moldova, 16 January 2003 (CDL-AD(2003)001), hereinafter called “the Opinion on the Election Law”.
    Report
    20 March 2006
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  • Joint Opinion on the Law on Elections of People's Deputies of Ukraine
    This draft opinion is based on comments provided by Messrs Jessie Pilgrim and Joseph Middleton (experts of the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE), Angel Sanchez Navarro (Substitute Member of the Venice Commission, Spain), Taavi Annus (Former member of the Venice Commission, Estonia) and are based on an English translation of the Law provided by the OSCE Project Coordinator in Ukraine.
    Report
    20 January 2006
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  • Joint Opinion on the Draft Law on the State Register of Voters of Ukraine
    In April 2005 the Minister of Justice of Ukraine requested an opinion on the Draft Law on the State Register of voters of Ukraine. This draft opinion is based on comments provided by Messrs Joseph Middleton (expert of the Office of Democratic Institutions and Human Rights (ODIHR) of the OSCE) and Angel Sanchez Navarro (Substitute Member of the Venice Commission, Spain), and are based on an English translation of the Law provided by the Ministry of Justice Ukraine. The joint Venice Commission - OSCE/ODIHR opinion was adopted by the Council for Democratic Elections at its 15th meeting (Venice, 15 December 2005) and by the Venice Commission at its 65th Plenary Session (Venice, 16-17 December 2005).
    Report
    20 January 2006
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