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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 Legislation of Norway
In a letter dated 31 May 2010, Mr Dag Henrik Sandbakken, Secretary of State of the Norwegian Ministry of Local Government and Regional Development (the Ministry) requested an evaluation of those aspects of the Electoral System of Norway relating to electoral dispute resolution from the European Commission for Democracy through Law (the Venice Commission). More specifically, the Commission was requested to assess “the provisions regarding the adjudication of complaints and appeals, and approval of elections, and how these would relate to Norway’s international obligations”. These provisions are notably Article 55 of the Constitution (CDL-EL(2010)026) and Chapter 13 of the Representation of the People Act
(CDL-EL(2010)025).
Joint Opinion on the Election Code of Georgia as Amended through March 2010
At the request of Georgian authorities, the European Commission for Democracy Through Law (“the Venice Commission”) of the Council of Europe and the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (“OSCE/ODIHR”) have prepared the following comments and recommendations on the Unified Election Code of Georgia (“the Code”). The most recent joint opinion of the Venice Commission and OSCE/ODIHR is dated 28 October 2008 and contains commentary on amendments through July 2008.
Joint Opinion on the Draft Law on Amendments and Supplements to the Law on the Election of Councillors and Members of Parliament of Montenegro as Amended through July 2006
The Council of Europe – Commission on Democracy Through Law (“the Venice Commission”) and the Organization for Security and Cooperation in Europe – Office for Democratic Institutions and Human Rights (OSCE/ODIHR) received a request from the Parliament of Montenegro to conduct a review of a working version of the Law on Amendments and Supplements to the Law on Election of Councilors and Members of Parliament (hereinafter the draft Law), prepared by a multi-party working group. This request was submitted on 23 March 2010. The joint assessment below takes into consideration previous findings and recommendations made by the OSCE/ODIHR in its final reports from election observation missions in Montenegro as well as progress made by authorities and political parties in Montenegro in their endeavors to improve the legal framework for elections and meet Council of Europe and OSCE commitments and other international standards.
Joint Opinion on the Draft Working Text Amending the Election Code of Moldova
The proposed amendments to the Election Code (hereinafter “the Code”) were drafted by the Government of the Republic of Moldova in March 2010. Following an official request from the Moldovan authorities forwarded to the Venice Commission on 10 March 2010, and in line with standard practice, the OSCE/ODIHR and the Venice Commission have undertaken a joint expert review of the proposed amendments. The present opinion should be read in conjunction with the Joint Opinions of the OSCE/ODIHR and the Venice Commission on the Election Code of Moldova of 2006, 2007 and 2008. The draft amendments are assessed for their compliance with OSCE commitments and other international standards for democratic elections. This opinion focuses on the extent to which the proposed amendments address previous recommendations.
Joint Opinion on the Amendments to the Electoral Code of the Republic of Belarus as of 17 December 2009
The present report follows a request addressed to the Venice Commission by the Political Affairs Committee of the Parliamentary Assembly of the Council of Europe on 18 March 2010. It provides an assessment of these amendments, which were submitted for information in Russian language to the OSCE/ODIHR in January 2010 by representatives of the Ministry of Foreign Affairs of the Republic of Belarus. The OSCE/ODIHR and Venice Commission experts have made their assessment based on an unofficial English translation of the Russian original.
Joint Opinion on the Law on Amending Some Legislative Acts on the Election of the President of Ukraine
This joint opinion is intended to assist the authorities of Ukraine to further develop and improve the legislative framework for the conduct of democratic elections in order to meet OSCE commitments and Council of Europe and other international standards. The Venice Commission and OSCE/ODIHR remain committed to provide assistance to further improve the legal framework for elections in Ukraine. However, the extent to which any amendments to the law can have a positive impact will ultimately be determined by the level of good faith and political will exhibited by state institutions and officials responsible for implementing and upholding the law.
Joint Opinion on Draft Laws on Electoral Legislation of Serbia
This joint opinion of the Venice Commission and OSCE/ODIHR comments on the following draft laws of the Republic of Serbia: Draft Law on the Unified Register of Voters, Draft Law on the State Election Commission, and Draft Law on Election of Councillors. The texts relied on are unofficial English translations. This joint opinion does not warrant the accuracy of the translations reviewed, including the numbering of articles paragraphs, and sub-paragraphs.
Joint Opinion on the Electoral Code of the former Yugoslav Republic of Macedonia as revised on 29 October 2008
The present opinion was 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 recent amendments include changes in the voter turnout requirement for presidential elections, out-of-country voting, voter registration, campaign finance and the complaints and appeals process. Some of the amendments are based on a draft working text amending the electoral code, which was reviewed by the Venice Commission and the OSCE/ODIHR in 2007 (CDL-AD(2007)012). This current review should be read together with this document and other relevant Joint Opinions (see par. 4). Many comments in previous texts have been taken into account, although others remain to be addressed. Not all are included in this document.