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North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code or other legislation could set clear and short timeframes for the resolution by the courts of misdemeanor procedures on election-related cases instituted by the SEC, in order to ensure the timely enforcement of election rules and the right of election participants to an effective remedy.
Recommendation # in final report:
24
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
Final report heading:
Complaints and Appeals
North Macedonia
2011
Early election
EOM
Parliamentary
elections
Authorities should consider developing safeguards to ensure sufficient separation between the state and party as required by paragraph 5.4 of the 1990 OSCE Copenhagen Document. Existing legislative safeguards, such as Article 9 of the Electoral Code, should be interpreted in a way to prevent the inherent conflict of interest between executive government positions requiring independence and those of candidates pursuing political advantage. Such provisions could also be expanded to include enforcement mechanisms.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
North Macedonia
2009
EOM
Presidential
and Local
The number of homebound voters casting ballots should be included in the EB and MEC results protocols and could also be made available at the national level, in order to increase transparency and provide additional safeguards against possible electoral malpractice. The secrecy of the ballot for homebound voters should be ensured by EBs.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Fully
Final report heading:
Voting, Counting, Tabulation and Announcement of Results
North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code’s provisions on campaign financing could be amended to ensure genuine oversight of financing rules and to establish effective limits on donations and expenditures, as well as to clarify reporting and auditing procedures. This especially includes the following:
• Articles 83 and 84 of the Electoral Code could be reconsidered, with a view to abolishing exceptions for limits on campaign donations, which appear to undermine the intention of the law;
• The procedure for denial of reimbursement to candidates, based on the Article 87 of the Electoral Code, could be clarified; The Electoral Code or regulations could specify the content and format of the financial reports to be submitted by contestants; in particular, the current form prescribed by the Ministry of Finance does not currently require contestants to submit information on expenditures, which undermines the transparency and usefulness of such reporting;
• The auditing g procedure could be enhanced, to ensure some oversight of the finances of all candidates who participate in an election; and
• Article 86 of the Electoral Code, which provides for reimbursement of campaign expenses for elected candidates only, could be reconsidered and possibly replaced by a system under which all candidates who win a certain percentage of votes are entitled to reimbursement. Such a percentage could be high enough to ensure that
candidates have a degree of popular support, but low enough to provide more incentives a broader range of candidates, particularly women and members of smaller ethnic communities, who sometimes face difficulties in raising the funds required to mount a strong campaign.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Fully
Final report heading:
Legal Framework
North Macedonia
2009
EOM
Presidential
and Local
Steps could be taken to depoliticize public employment and professionalize the civil service to protect civil servants against political pressure. These measures should apply to civil servants, and all other public employees and employees of public agencies and companies. It would be advisable that this protection is also reflected in the contract of employment of public servants and, possibly, in a specific charter of ethics for public servants.
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Final report heading:
Countering Pressure on or Intimidation of Voters
North Macedonia
2009
EOM
Presidential
and Local
Political parties and candidates, especially presidential candidates, could make greater efforts to explain their policies and reach out to voters of ethnic communities other than their own.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Final report heading:
Campaign
North Macedonia
2009
EOM
Presidential
and Local
The requirement that signature collection is performed at the local or regional office of the Ministry of Justice could be reconsidered, in light of assertions by a number of candidates that citizens may consider it intimidating to appear before a government official to sign in support of an opposition candidate. One alternative would be to allow candidates and parties to organize the signature collection themselves. In this case, the SEC should be tasked with verifying the signatures, possibly using a random sample.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
No longer valid
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
North Macedonia
2009
EOM
Presidential
and Local
Further efforts by election management bodies, political parties and civil society organizations will be necessary in order to end the practice of family voting.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Partially
Final report heading:
Participation of Women
North Macedonia
2009
EOM
Presidential
and Local
Shorter deadlines could be established for courts to rule on lawsuits brought against broadcasters by the BC during the campaign and pre-campaign period, both to ensure that the BC can enforce the regulations in a timely fashion, and to allow broadcasters the opportunity for a speedy and effective remedy if their rights have been violated.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Final report heading:
Media
North Macedonia
2009
EOM
Presidential
and Local
The ballot papers printed for units of local self-government where at least 20 per cent of the citizens speak an official language other than Macedonian and which contain all information in Macedonian and the languages of such communities could be redesigned so that ordinal numbers of candidates (or candidate lists) are only included once, rather than separately for each language. This would simplify the ballot layout, increase the secrecy of the vote, and might reduce invalid ballots.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Final report heading:
Participation of National Minorities
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