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Location: Montenegro
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Montenegro
2016
EOM
Parliamentary
elections
As previously recommended by the OSCE/ODIHR, the deadline for electoral dispute resolution could be extended to allow for an effective legal remedy.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Montenegro
2018
EOM
Presidential
Election administration and judiciary should ensure meaningful, substantive and impartial consideration of complaints in line with clear and transparent legal procedures. Institutions dealing with dispute resolution should be sufficiently empowered to implement necessary control over the electoral process in accordance with clearly defined jurisdiction rules.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2018
EOM
Presidential
Consideration could be given to setting specific expedited time limits for investigation and adjudication of election related complaints in misdemeanour and criminal procedure.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2020
LEOM
Parliamentary
elections
To prevent arbitrary application and ensure effective remedy the provisions on challenging and invalidation of election results established by the PBs should be reviewed. The law should be amended to prescribe that the decisions on preliminary results may be appealed, including up to the highest level courts.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2020
LEOM
Parliamentary
elections
To ensure effective remedy, consideration should be given to extending the rights of voters to file complaints on all aspects of the electoral process, including the possibility to challenge election results.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2020
LEOM
Parliamentary
elections
Consideration could be given to adopting procedural guidelines and complaints templates. To enhance transparency of the election dispute resolution a publicly accessible register of complaints should be created and the Constitutional Court should hold public hearings, with parties having the right to attend and to present their cases.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2023
EOM
Presidential
To enhance the transparency of the election dispute resolution, the SEC could consider maintaining a publicly accessible database of complaints, including those filed at MECs. Note: "Sub-legal" due to SEC requiring a regulation in order to proceed.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Montenegro
2023
EOM
Presidential
To ensure effective, timely and transparent judicial review, the Constitutional Court should review election disputes within three to five days from receipt, in public sessions, whereby the parties have the right to be heard. The Court should publish its decisions within a short, legally-prescribed deadline.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Montenegro
2023
EOM
Presidential
To ensure effective remedy, the law should be amended to provide for judicial review over all types of SEC decisions, including those upholding lower-level commission decisions on appeal and SEC actions or failing to act.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Montenegro
2023
EOM
Presidential
The timeline for adjudicating complaints against the first-round results and setting a date for the second round should leave sufficient time for calling and administering the second round.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Announcement of Results
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