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Location: Montenegro
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Montenegro
2023
EOM
Presidential
To enhance transparency and accountability, all election campaigners should be required to label their print campaign materials and online advertisements with information on who ordered and paid for the production and publication.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral Campaign
Montenegro
2023
EOM
Presidential
To enable meaningful public scrutiny, the APC should consider publishing relevant information on public employment in a user-friendly format, with due protection of personal data.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Electoral Campaign
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
Measures should be taken to ensure the independence and editorial freedom of the public broadcasters. In this respect, the manner of funding of local public broadcasters should be reviewed.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
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
Montenegro
2023
EOM
Presidential
To ensure effective remedy, the law should be amended to provide for judicial review over all types of SEC decisions, including those upholding lower-level commission decisions on appeal and SEC actions or failing to act.
Recommendation # in final report:
27
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:
Election Dispute Resolution
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