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Location: Montenegro
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Montenegro
2023
EOM
Presidential
As previously recommended, the authorities should engage decisively in a comprehensive reform well ahead of the next elections to remove legal gaps and ambiguities and harmonize the electoral legal framework in an inclusive process that includes public consultation.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Montenegro
2023
Early election
EOM
Parliamentary
elections
A comprehensive review of the legal framework should be undertaken to address previous ODIHR recommendations, and eliminate existing gaps and inconsistencies. In line with international good practice, the review process should be open, inclusive and consultative and take place well before the next elections.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Montenegro
2023
EOM
Presidential
To ensure legal certainty and the integrity of the process, the law should be amended to regulate all aspects of the second round of presidential elections.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Montenegro
2023
Early election
Parliamentary
elections
Constitutional provisions regarding the call for parliamentary elections should be amended to ensure clarity and procedural certainty in the appointment of the government and the dissolution of parliament.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Montenegro
2023
EOM
Presidential
To provide sufficient safeguards for the institutional impartiality of the election administration and to avoid situations in which one political option is dominant in the decision-making processes, the mechanism of nomination and appointment of election commissions should be reviewed. An increased role in the nomination and appointment of members by non-political bodies or based on open competition could also be considered. At the same time, providing full voting rights to authorized representatives of the electoral contestants could be reconsidered.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
Early election
Parliamentary
elections
To enhance women’s participation in public life, comprehensive legal, institutional, and educational efforts addressing existing gender stereotypes should be undertaken by the authorities. Political parties should undertake effective measures to identify and overcome gender-biased barriers for women candidates and a thorough assessment should be conducted on the impact of the gender quota on the election of women officeholders at all levels.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2023
EOM
Presidential
To protect the privacy of whether a voter has voted and safeguard the secrecy of the vote, the signed voter lists should not be made available to political parties and their representatives, including those serving in MECs. The signed voter lists should be accessible only within a limited scope for precisely defined purposes, such as when considering complaints and appeals.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Montenegro
2023
Early election
Parliamentary
elections
To enhance public confidence, the State Election Commission should publish results disaggregated by polling stations in a consistent format as soon as the results are available to enable public scrutiny and meaningful contestation of results.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Day
Montenegro
2023
EOM
Presidential
To ensure the integrity of candidate registration, the authorities should review its procedures and deadlines. To ensure transparency and accountability, the law could mandate prospective candidates to formally commence the nomination procedures before collecting support signatures and prescribe liability and proportionate sanctions for the forgery of supporting signatures. Alternative good practices for candidate registration could also be considered, including a reasonable deposit refundable to the candidates upon receiving a certain number of votes.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2023
Early election
Parliamentary
elections
The independence and editorial freedom of the public broadcasters should be ensured and the system of funding of local public broadcasters should guarantee their independence.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
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