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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 Draft Electoral Law of the Kyrgyz Republic
In March 2014 the authorities of the Kyrgyz Republic asked the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) to provide an opinion on the draft law “On Elections in the Kyrgyz Republic” (hereinafter “the draft law”, CDL-REF(2014)014), giving particular consideration to the draft law’s compatibility with international standards and OSCE commitments in three areas: establishment of electoral districts under the proportional representation system, preference voting, and quotas for women and persons belonging to national minorities on lists of candidates. As these three areas have been specifically identified in the request for this joint opinion, they are addressed under the discussion on the electoral system for the distribution of parliamentary mandates. The OSCE/ODIHR and the Venice Commission decided to provide a joint legal opinion on the draft Code.
Joint Opinion on the Draft Election Code of Bulgaria
On 26 November 2013, Ms Maya Manolova, Vice-President of the National Assembly of Bulgaria (hereafter “the National Assembly”) and President of the ad hoc parliamentary Committee in charge of drafting a new Election Code, requested the Venice Commission to prepare an opinion on a draft new Election Code of Bulgaria (hereafter “the draft Code”). The Venice Commission and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) decided to provide a joint legal opinion on the draft Code.
Joint Opinion on the Draft Law Amending the Electoral Legislation of the Republic of Moldova
In November 2013, the Speaker of the Parliament of Moldova, Mr Igor Corman, requested the Venice Commission to comment on a text sent to him by a faction from the Democratic Party of Moldova (DPM), concerning a draft proposal to reform the electoral legislation of Moldova (CDL-REF(2014)001). In line with standard practice, the Venice Commission and the OSCE/ODIHR have undertaken a joint opinion of the draft legislation.
Review of Electoral Legislation and Practice in OSCE Participating States, 15 October 2013
On 25 January 2013, the Chairperson of the OSCE Permanent Council requested the Director of ODIHR to conduct an extra-budgetary project that would review major areas of electoral legislation and practice in the OSCE participating States in view of their implementation of the provisions of the 1990 OSCE Copenhagen Document. ODIHR agreed to undertake this review on the basis of ODIHR election-related reports published in the years 2010, 2011 and 2012, analyzed against OSCE commitments (principally the 1990 OSCE Copenhagen Document) as well as other international standards for democratic elections and good electoral practice. Given the limited resources, the selected timeframe ensures that the review covers as many participating States as possible and that the information drawn upon would be the most up-to-date and minimize duplication.
Joint Opinion on Draft Amendments to Legislation on the Election of People's Deputies of Ukraine
In April 2013, the Minister of Justice of Ukraine, Mr. Oleksandr Lavrynovych, requested the Venice Commission and the OSCE/ODIHR to comment on the text of the draft laws regulating parliamentary elections, including a draft law for holding repeat elections for the constituencies where results had not been established in the 2012 parliamentary elections. In response to this request, the Venice Commission and the OSCE/ODIHR reviewed the draft amendments, and on 17 June 2013, the Venice Commission and the OSCE/ODIHR provided a written joint opinion on the draft legislation.
Joint Opinion on the Electoral Code of "The Former Yugoslav Republic of Macedonia"
On 13 November 2012, the Monitoring Committee of the Parliamentary Assembly of the Council of Europe asked for the opinion of the Venice Commission on the Electoral Code adopted by the Parliament of “the former Yugoslav Republic of Macedonia” on 13 November 2012 (CDL-REF(2013)013).
Joint Opinion on the Draft Amendments to the Laws on Election of People's Deputies and on the Central Election Commission and on the Draft Law on Repeat Elections of Ukraine, 17 June 2013
On 5 April 2013 the Minister of Justice of Ukraine, Mr Oleksandr Lavrynovych, requested the Venice Commission and the OSCE/ODIHR to comment on the text of the draft Law of Ukraine “On Amendments to Particular Laws of Ukraine as regards
Improvement of Law on Issues of Holding Elections” (hereinafter, the “draft electoral law”) and the draft Law “On the Repeat Elections of People’s Deputies (Members of Parliament) of Ukraine to the Verkhovna Rada of Ukraine (Ukrainian Parliament) of the VII Convocation in Particular Single Mandate Constituencies in Relation to the Impossibility to Establish Trustworthy the Vote Returns and Results of People’s Deputies of Ukraine Elections on 28 October 2012” (hereinafter, the “draft law on repeat elections”), CDL-REF (2013)025).