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Location: Montenegro
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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
Montenegro
2023
EOM
Presidential
In line with international standards and national legislation, observers should have the opportunity to observe all aspects of the electoral process, including the process of verification of voters’ signatures for the nomination of candidates, with due consideration for personal data protection.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Observation
Montenegro
2023
EOM
Presidential
To ensure the integrity and accountability of tabulation, the law should prescribe an official procedure for amending the PB result protocols when the figures do not reconcile. In case of irreconcilable errors that affect election results, the MECs should be mandated to organize recounts in the presence of party representatives and observers.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Day
Montenegro
2023
EOM
Presidential
The timeline for adjudicating complaints against the first-round results and setting a date for the second round should leave sufficient time for calling and administering the second round.
Recommendation # in final report:
30
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:
Announcement of Results
Montenegro
2023
EOM
Presidential
To ensure the integrity of election results, the law should prescribe clear and objective criteria for their invalidation only in case of significant violations, as well as recounts in case of discrepancies in the PB protocols.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Announcement of Results
Montenegro
2020
LEOM
Parliamentary
elections
Consideration should be given to undertaking a comprehensive reform to harmonize the electoral legal framework and regulate all key aspects of the elections. In line with international commitments, the reform process should be inclusive, ensure public discussion and should be completed well 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 implemented
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Montenegro
2020
LEOM
Parliamentary
elections
The SEC should address emerging challenges and aspects of the process that are not sufficiently regulated by the statutory law by promulgating clear, consistent, timely and fully implementable instructions and decisions within its mandate.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Montenegro
2020
LEOM
Parliamentary
elections
To allow for broader electoral participation on an equal basis, the legal capacity and residency requirements for voting and standing for election should be reviewed in line with the international standards and good practice.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Montenegro
2020
LEOM
Parliamentary
elections
To ensure transparency, accountability and integrity of campaign finance, the law should be amended to prescribe effective, proportionate and dissuasive sanctions and to provide for an explicit obligation of the oversight body to identify and publish the information on inaccuracies, including unreported incomes and expenditures.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campain Finance
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