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Location: North Macedonia
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North Macedonia
2016
Early election
EOM
Parliamentary
elections
To ensure effective remedy, all election-related cases should be decided within timely deadlines clearly stated in the law.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Complaints and Appeals
North Macedonia
2016
Early election
EOM
Parliamentary
elections
To allow effective legal remedy, the SEC should develop permanent instructions on complaints and appeals process. Such regulations could be harmonized with the new complaint management system.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Complaints and Appeals
North Macedonia
2016
Early election
EOM
Parliamentary
elections
As previously recommended, the Electoral Code should be harmonized with the Constitution and clearly state that all court hearings on election-related cases must be held in public and that decisions should be published immediately.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
North Macedonia
2016
Early election
EOM
Parliamentary
elections
Consideration could be given to decentralize the mechanism for electoral dispute resolution. MECs could be tasked to deal with complaints on issues that fall under their administrative responsibilities, so as to allow for a timely and effective remedy.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
North Macedonia
2017
EOM
Local
elections
All decisions and (in)actions of the MECs and SEC should be subject to timely and effective judicial redress. Voters and citizen observers should be entitled to file any type of election-related complaint, including against the results.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Complaints and Appeals
North Macedonia
2017
EOM
Local
elections
Consideration could be given to the decentralization of the complaints process, and the MECs capacity to handle complaints could be strengthened. The SEC's functioning on legal matters could be enhanced through more effective use of its legal department. Deadlines for submission and adjudication of complaints should be in line with international good practice.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Election Administration
North Macedonia
2017
EOM
Local
elections
The SCPC's investigative and enforcement powers and cooperation with law enforcement in election cases should be strengthened. State institutions should fully respect the SCPC's authority. Establishing regional SCPC offices or presence, especially in election periods, could contribute to tackling any election-related corruption. In addition, a concrete deadline for deciding on complaints will ensure timely and effective action.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and Appeals
North Macedonia
2017
EOM
Local
elections
Provisions for annulment of polling station results should be amended to provide for annulments only where violations might impact the overall results. The law should establish clear and reasonable rules for evidence in complaints, and these should be objectively and consistently applied.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and Appeals
North Macedonia
2017
EOM
Local
elections
SEC members and administrative court judges should decide complaints with complete impartiality, strictly applying the law and due process. A technical approach to complaints should be avoided. To increase transparency, public court hearings in all election-related cases should be guaranteed.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and Appeals
North Macedonia
2018
ROM
Referendum
As required by the law, the SEC should review complaints, including pre-referendum day complaints, in public sessions and publish its decisions through the electronic system of complaints management.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and Appeals
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