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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
OSCE/ODIHR Assessment of the Election Code of the Kyrgyz Republic
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.
Joint Opinion on the Election Legislation of the Republic of Belarus
The present joint opinion of the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) was prepared on the basis of comments by Mr Oliver Kask (member, Estonia), Ms Mirjana Lazarova Trajkovska (member, the former Yugoslav Republic of Macedonia) and OSCE/ODIHR expert Mr Jessie Pilgrim. This opinion does not intend to address all issues which could arise from the electoral legislation of Belarus. It focuses on the most important ones, and in particular on those underlined by the Parliamentary Assembly in its request.
Assessment of the Law on Election of the President of the Republic of Tajikistan
This assessment reviews and comments on the Law on Election of the President of the Republic of Tajikistan (herein “Presidential Election Law”). This assessment is based on an unofficial English translation of the Presidential Election Law, as reflected in 38 articles of text on 26 pages, with amendments as of 1 January 2006. The text reviewed by the OSCE’s Office for Democratic Institutions and Human Rights (“OSCE/ODIHR”) has been provided by the OSCE Centre in Dushanbe.
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
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.
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.
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.
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.