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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
Assessment of the Law on Elections of the Oliy Majlis of the Republic of Uzbekistan
This assessment reviews and comments on the Law on Elections of the Oliy Majlis of the Republic of Uzbekistan adopted by the Parliament on 29 August 2003 (herein “the Election Law”) and amendments to the Law adopted by Parliament on 27 August and 2 December 2004. The Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) has previously commented on the legal framework for elections in Uzbekistan. This assessment should be viewed as complementary to earlier comments and recommendations, which are particularly relevant as many of them are based on actual observations, and in conjunction with this assessment of the written text of the Election Law, provide a comprehensive commentary on the legal framework for elections in Uzbekistan.
Joint Opinion on the Draft Amendments to the Electoral Code of Armenia
These comments follow the previous work by the Venice Commission and the OSCE/ODIHR on the Electoral Code of the Republic of Armenia. This analysis is specifically based on the two most recent recommendations and the draft law
amending the Electoral Code, namely: • Joint Recommendations on the Electoral Law and the Electoral Administration in Armenia by OSCE/ODIHR and the Venice Commission from 17 December 2003, CDL-AD(2003)021 (further referred to as Joint
Recommendations); • Additional Considerations on the Electoral Law and Electoral Administration in Armenia based on the roundtable on electoral reform held in Yerevan between 24/27 February 2004 by Michael Krennerich, Owen Masters and
Jessie Pilgrim (Additional Considerations); • Draft Law on Amending and Supplementing the Electoral Code of the Republic of Armenia, submitted by Mr Torossian, version of 21 July 2004 (CDL(2004)074).
Joint Recommendations on the Election Law and the Election Administration in Albania
This joint assessment of 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”), on the basis of comments by two experts of the OSCE/ODIHR, Mr. Jessie Pilgrim (USA) and Mr. Adriaan Stoop (Netherlands).
Assessment of the Constitutional Law on Elections of Kazakhstan
This assessment of the Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” (The Election Law) is provided 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 an unofficial English translation of the text. Any legal review conducted on the basis of translated text may be affected by the quality of the translation.
Joint Recommendations on the Election Law and the Election Administration in Moldova
The present recommendations were 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. The Venice Commission requested a review, based in particular on the observation reports of the local elections in the Republic of Moldova of 25 May and 9 June 2003. This review, issued by Mr Kåre Vollan (expert, Norway), results in a set of recommendations for amendments of the Election Law. Many of the proposals were also taken from the Opinion on the Election Law of the Republic of Moldova issued by the Venice Commission on 16 January 2003 on the basis of comments by Richard Rose and Kåre Vollan (CDL-AD(2003)001).
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.