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Italy
2018
EAM
Parliamentary
elections
To further enhance the transparency of the tabulation process, preliminary results by polling stations should be published as soon as they are received. Official results by polling stations should be published once they have been validated.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Day
Italy
2018
EAM
Parliamentary
elections
Consideration should be given to explicitly provide for the legal right to appeal election results to a competent court as the final authority. Adequate time limits for deciding on election-related complaints at all levels should be provided by the legislation to ensure the implementation of the right to an effective and timely remedy. Information about submitted complaints and requests should be made publicly available.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Italy
2022
Early election
EAM
Parliamentary
elections
Consideration should be given to defining clear timelines for making decisions on complaints related to the election results and respective parliamentary mandates as well as to introducing the possibility to appeal such decisions to a competent court as the final authority.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Italy
2018
EAM
Parliamentary
elections
Consideration should be given to adhering more closely to the electoral quota for all constituencies across the country, including in the out-of-country constituency, in line with international good practice concerning the equality of the vote, without prejudice to the protection of minorities.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Electoral System
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Electoral System
Italy
2018
EAM
Parliamentary
elections
Legal framework for elections should be reviewed to address shortcomings noted in this and previous ODIHR reports. Consideration could be given to codifying existing regulations into electoral legislation so as to ensure legal certainty and coherence. Legal reform should be undertaken well in advance of the next elections and involve open consultations with all relevant stakeholders.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Legal Framework
Italy
2022
Early election
EAM
Parliamentary
elections
To enhance legal certainty and effective implementation, consideration should be given to reviewing the legislation to remove gaps, eliminate fragmentation and bring it further in line with OSCE commitments, international standards and good practice. Such reform should be accomplished well in advance of the next elections through an inclusive consultative process.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Italy
2018
EAM
Parliamentary
elections
Criminal provisions for defamation, libel, and slander should be repealed in favour of civil remedies designed to restore the reputation harmed. Sanctions should be strictly proportionate to the actual harm caused.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Media
Italy
2018
EAM
Parliamentary
elections
The independence of the broadcast media regulator could be further strengthened by revising the system of appointment of its members.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Italy
2018
EAM
Parliamentary
elections
Consideration could be given to allocate direct access broadcasting time to contestants at the time when such addresses are likely to reach the widest possible audience.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Media
Italy
2022
Early election
EAM
Parliamentary
elections
To comply with international standards and to protect the fundamental freedom of expression, criminal provisions for defamation should be repealed in favour of civil remedies designed to restore the reputation harmed. Measures should be put in place to deter the abuse of strategic lawsuits against the media. Authorities should reinforce protection of journalists from threats and intimidation.
Recommendation # in final report:
2
Type of recommendation:
Priority
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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