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Location: Montenegro
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Montenegro
2023
EOM
Presidential
To ensure the accountability of election administration, the election law should explicitly prescribe the supervisory function of the SEC over the MECs.
Recommendation # in final report:
11
Type of recommendation:
Other
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
The lengthy residence requirement for voting in national elections should be reviewed in line with international standards. The law should prescribe clear and objective criteria to determine how a citizen acquires and loses permanent residence.
Recommendation # in final report:
14
Type of recommendation:
Other
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
The existing residency requirements for presidential candidates are overly restrictive and should be reconsidered.
Recommendation # in final report:
15
Type of recommendation:
Other
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
As previously recommended, consideration should be given to removing the restriction to sign in support of only one candidate and decreasing the number of support signatures required to stand for office to a maximum of one per cent of the total electorate.
Recommendation # in final report:
16
Type of recommendation:
Other
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 enhance transparency and accountability of campaign finance, the law should be amended to comprehensively regulate the use of loans by contestants, candidates' own funds and funds from the nominating political parties, in-kind donations and third-party campaigning.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Montenegro
2023
EOM
Presidential
To eliminate legal uncertainty, the law should clearly prescribe that all campaign finance regulations are applicable in the second round, as well as provide an expenditure limit and timeframes for reports taking into account the possible second round.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Montenegro
2023
EOM
Presidential
To further improve transparency and accountability, the campaign finance regulations, including limits and reporting on donations and expenditures, should be applicable to all organizations campaigning in favour of or against a candidate.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Montenegro
2023
EOM
Presidential
To enhance the accountability of campaign finances, the APC should have effective tools to verify the legality of donations, including by means of cross-checking donors against comprehensive databases of legal entities and public procurement contractors. The law should prescribe effective, proportionate and dissuasive sanctions for all irregularities, including inaccurate reports and third-party campaigning. To ensure effective remedy, the APC should be mandated to review breaches of campaign finance rules in a timely manner.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Montenegro
2023
EOM
Presidential
To safeguard freedom of expression, defamation should be fully decriminalised, and the legal provisions related to false information should be reviewed in line with international standards.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Montenegro
2023
EOM
Presidential
The law should prescribe a graduate system of effective, proportionate and dissuasive sanctions for broadcasters breaching the law and ensure effective oversight over the campaign coverage. This could be achieved by mandating the AEM to oversee the compliance of broadcast media with election-related provisions and providing it with sufficient sanctioning and enforcement powers.
Recommendation # in final report:
26
Type of recommendation:
Other
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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