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North Macedonia
2025
EOM
Local
elections
The election-related legislation should be comprehensively reviewed in order to eliminate inconsistencies, ambiguous provisions, and gaps, including those resulting from Constitutional Court rulings, to bring them in line with OSCE commitments, international obligations and good practice. Any such legislative reform should be public, inclusive, and carried out sufficiently in advance of the next elections.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
North Macedonia
2014
EOM
Presidential
and Parliamentary
The Electoral Code should be amended to address the gaps and ambiguities identified in this report, as well as previous reports of the OSCE/ODIHR and the Venice Commission. Reform should be inclusive and completed well in advance of the next elections.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Legal Framework and Electoral System
North Macedonia
2014
EOM
Presidential
and Parliamentary
The Electoral Code should be revised to provide a clear division of responsibilities between the MoIA and the SEC related to challenges to voter lists. Authorities should be obliged by law to investigate such challenges within a reasonable time frame.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Legal Framework ad Electoral System
North Macedonia
2014
EOM
Presidential
and Parliamentary
While ensuring that strict requirements are maintained to qualify for alternative voting methods, consideration could be given to simplifying procedures so as to allow hospitalized voters, homebound voters, and those with reduced mobility to exercise their right to vote without unreasonable obstacles.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Voter Registration
North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code and relevant sub-legal acts such as SEC instructions would benefit from a thorough review and amendments to harmonize provisions and to avoid gaps and inconsistencies within the legislation and with its practical application. Ideally, such a review would include an open process of public consultations. Some examples of existing gaps or inconsistencies include.16
- The Electoral Code does not make clear exactly what political activity is and is not permissible before the start of the official campaign period;
- The Electoral Code does not clarify whether parties and candidates need to provide a list of their authorized representatives to MECs and, if so, what the deadline is and what sanctions, if any, apply for failure to provide such a list;
- The Electoral Code does not state what happens if a candidate decides to withdraw from an election between the two rounds of voting;
- Article 37 of the Electoral Code is in conflict with the Article 148.1 regarding competences for deciding upon complaints; and
- Article 63.2 of the Electoral Code does not specify the procedure for the collection of support signatures during the candidate registration process at Ministry of Justice local offices.
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Final report heading:
Legal Framework
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 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
The Electoral Code could clarify the authority and mandate of the Broadcasting Council to regulate media coverage of political activity between the date elections are announced and the start of the official campaign period. This authority and mandate should be in line with other legislation, such as the Law on Broadcasting Activity.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Media
Type of change required:
Legal
Status of implementation:
Fully
Final report heading:
Legal Framework
North Macedonia
2009
EOM
Presidential
and Local
The 40 per cent turnout requirement for the second round of a presidential election could be reconsidered and removed since it creates the potential for failed elections. If considered beneficial to the credibility of the electoral process, such a turnout requirement is recommended only for the first round.
Recommendation # in final report:
4
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Final report heading:
Legal Framework
North Macedonia
2011
Early election
EOM
Parliamentary
elections
Consideration should be given to addressing all gaps and ambiguities in the Electoral Code that have been identified through the election process, including those specifically mentioned in these recommendations. To this end, an inclusive consultative process should be established well in advance of the next elections.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
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