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Location: Montenegro
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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
Early election
Parliamentary
elections
The law should be amended to prescribe the right to request recounts in case of discrepancies in the polling boards protocols. Invalidation of results should only be an option in case of significant irregularities which might have a potential impact on the result.
Recommendation # in final report:
6
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, 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
Early election
Parliamentary
elections
To enhance transparency and accountability, the law should prescribe an explicit obligation for the Constitutional Court to publish all complaints and decisions on its website and serve them to the parties in a timely manner.
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
Early election
Parliamentary
elections
The independence of election commissions should be strengthened by ensuring security of tenure, with the establishment of clear and objective criteria for the grounds for dismissal of election commissioners.
Recommendation # in final report:
8
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
To enhance public confidence and allow for effective remedy, the SEC 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:
9
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Announcement of the Results
Montenegro
2023
Early election
Parliamentary
elections
The election administration should collect and publish gender disaggregated data in a comprehensive manner to facilitate the development of targeted measures aimed at increasing the participation of women.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
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
Montenegro
2023
Early election
Parliamentary
elections
To enhance transparency and accountability, Municipal Election Commissions should facilitate public participation in their meetings through timely publication of agendas and minutes of the respective sessions.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
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