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Location: Montenegro
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Montenegro
2020
LEOM
Parliamentary
elections
The law should be reviewed to address gaps and ambiguities, including regulating the use of loans, developing a comprehensive methodology for evaluation of in-kind donations and defining the activities that constitute prohibited early campaigning.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Montenegro
2020
LEOM
Parliamentary
elections
To improve accountability, an effective mechanism could be considered to enable the APC to directly cross-check donors against a database for public procurement contractors and law enforcement databases and to identify multiple donations by a single donor.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Montenegro
2020
LEOM
Parliamentary
elections
Provisions on defamation and false information which are contrary to international standards on freedom of expression should be removed from the legislation.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
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 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
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
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
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 safeguard the integrity of transferring the voting results, the law should stipulate that the PB result protocols and election materials are delivered to the MEC by the PB Chairperson and two members representing opposing parties, in line with international good practice.
Recommendation # in final report:
8
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 of the First Round
Montenegro
2023
EOM
Presidential
To enhance women’s participation in public life, comprehensive legal, institutional, and educational efforts addressing existing gender stereotypes should be undertaken by the authorities.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Background
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