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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 Recommendations on the Election Law and Election Administration of Azerbaijan
These recommendations are not exhaustive and must be read in conjunction with previous observation reports issued by the PACE and OSCE/ODIHR as well as with previous joint assessments prepared by the Venice Commission and the OSCE/ODIHR that contained more comprehensive recommendations. Special attention should be paid to the administration of elections as it has been indicated in election observation reports of OSCE/ODIHR, PACE, CLRAE and other international observers. This document does not supersede or replace recommendations contained in previous reports that should be given due consideration.
Comments on Draft Amendments to the Election Law of the Republic of Tajikistan, proposed by Political Parties
These comments discuss draft amendments proposed by political parties to the Election Law of the Republic of Tajikistan. These comments are limited to the draft amendments and are not an assessment of the law itself. The OSCE/ODIHR has
previously assessed the law and noted significant shortcomings in the law that require improvement in order to provide the necessary legal framework for democratic elections in Tajikistan. These comments are limited solely to the proposed draft
amendments and do not restate the concerns previously noted by the OSCE/ODIHR. Previously stated concerns remain as the draft amendments do not correct current shortcomings in the law and, in some instances, have aggravated existing problems.
OSCE/ODIHR Review of Law on Elections of Representatives to the Croatian Parliament
These comments on the legal framework of elections in Croatia are primarily based on the Law on Elections of Representatives to the Croatian Parliament (the 2003 Election Law), adopted in April 2003, by amendments to the former parliamentary election law from 1999. The amendments were necessitated in large part by the constitutional changes in Croatia in 2001, which included the dissolution of the upper chamber (the House of Counties) of the former State Parliament, as well as the enactment of the Constitutional Law on National Minorities. However, the amendments also addressed other issues, including those, which arose during the previous elections to the former House of Representatives (now Parliament), which were held under the 1999 Election Law. These issues included some raised by the OSCE/ODIHR as a result of its observations of the 2000 election.
Assessment of the Election Code of the Kyrgyz Republic as Amended by the Legislative Assembly in the Second Reading on 25 December 2003
This assessment reviews and comments on the Election Code (hereafter “the Code”) of the Kyrgyz Republic as amended by the Legislative Assembly on 25 December 2003. This assessment is based on an unofficial English translation of the Code, as
reflected in 93 articles on 127 pages of text. The OSCE/ODIHR previously commented in November 2003 on proposed amendments to the Code proffered by both executive and legislative branches of government. This assessment supersedes the OSCE/ODIHR November 2003 assessment of proposed amendments. This assessment is provided with the goal of assisting the authorities in the Kyrgyz Republic in their efforts to develop a sound legal framework for democratic elections.
However, as previously stated by the OSCE/ODIHR, the extent to which any amendments can have a positive impact will ultimately be determined by the degree to which state institutions and officials implement and uphold the Code.
Joint Recommendations on the Election Law and the Election Administration in Armenia
These comments identify the most problematic issues concerning the electoral law in the Republic of Armenia and provide recommendations both on the legal and the administrative framework of the elections. However, the emphasis is on improvements to the Electoral Code.
Assessment of Pending Amendments to the Election Code of the Kyrgyz Republic
This assessment reviews and comments on pending amendments to the Election Code (hereafter “the Code”) of the Kyrgyz Republic. The assessment is based on an unofficial English translation of the pending amendments, as reflected in a
comparative table consisting of 93 articles provided to the OSCE Centre in Bishkek by the Ministry of Foreign Affairs and the Central Election Commission (CEC) of the Kyrgyz Republic in July 2003.
OSCE/ODIHR Comments on Consultation paper by the Electoral Commission on the cycle of Local Elections in England
The U.K. Electoral Commission (“the Commission”) is an independent advisory body established under legislation enacted in the year 2000. The Commission has already undertaken a number of studies and published several major reports. In January
2003, the Commission was requested by the Government to review the cycle of local elections in England and identify options for simplifying the current cycle. The scope of the review includes elections for principal local authorities (including
mayoral elections), the Greater London Authority and parish councils.
Review of the Preliminary Assessment of the Draft Amended Election Law of the Republic of Kazakhstan
This assessment of the draft amended Election Law of the Republic of Kazakhstan is offered 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
a translated text that was transmitted to ODIHR by the Embassy of Kazakhstan in Warsaw. Any legal review conducted on the basis of translated texts may be affected by the quality of the translation.