Search criteria:
Page 1
Sort by: Status of implementation
Location: Montenegro
Montenegro
2013
LEOM
Presidential
The authorities could consider conducting an audit of the voter registers, including a detailed comparison of entries in the voter registers and the source information held in the MoI registers. In order to ensure trust in the outcome of such an audit, the relevant authorities could invite election stakeholders to monitor the process, while ensuring that the security of personal data is maintained.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Voter Registration
Montenegro
2013
LEOM
Presidential
The MoI, MIST, and other relevant authorities could conduct a thorough information campaign before each election to inform political parties and citizens about the measures taken to ensure the accuracy of the voter registers.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Voter Registration
Montenegro
2008
EOM
Presidential
Commissions responsible for the conduct of elections could ensure that adequate training is provided for election officials at all levels, especially members of the “extended” composition. Training should focus on election day procedures, counting and tabulation, as well as the general roles and responsibilities of PBs and MECs.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2008
EOM
Presidential
Although not required by law, the SEC could consider a voter education program, in the run-up to elections. The program should focus on voter Reg, polling procedures and the protection of citizens’ suffrage rights.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2013
LEOM
Presidential
To ensure consistent application of the electoral law, consideration could be given to ensuring a uniform training program for all PB members including authorized representatives.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2013
LEOM
Presidential
To provide a genuine opportunity for seeking legal redress and to ensure consistent application, the Law on the Voter Register should be amended to include procedures for the addition or removal of entries from voter registers, including the means of notifying the affected persons.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Voter Registration
Montenegro
2013
LEOM
Presidential
The authorities could consider enhancing the Law on the Voter Register, by harmonizing it with the Law on Protection of Private Information. While political subjects should retain the possibility to conduct detailed inquiries in the voter registers, the current practice of mass copying and disseminating private information contained in voter registers should be addressed.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Voter Registration
Montenegro
2013
LEOM
Presidential
It is recommended that the authorities continue their efforts in assisting eligible citizens to obtain the necessary identification documents required to be able to vote.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Voter Registration
Montenegro
2013
LEOM
Presidential
It is recommended that the reporting period for campaign finance be clarified in the law.
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:
Fully
Year of assessment:
2018
Final report heading:
Campaign and Campaign Finance
Montenegro
2013
LEOM
Presidential
The Law on Broadcasting Services should contain clear provisions regarding deadlines for the RTCG council to effectively handle complaints. In addition, in order to enhance the independence of the council, consideration could be given to provide a greater participation of members from independent civil society organizations.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Media
Montenegro
2013
LEOM
Presidential
Authorities should review the electoral law to clarify the role of authorized candidate representatives and ensure the possibility for political party and candidate observers.
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:
Fully
Year of assessment:
2018
Final report heading:
Observation
Montenegro
2013
LEOM
Presidential
As a means to enhance transparency, the State Election Commission could consider announcing the preliminary turnout as soon as tenable after closing of polling stations.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Voting, Counting and Tabulation of Results
Montenegro
2013
LEOM
Presidential
In order to enhance transparency and confidence in the process, authorities could consider publishing partial, preliminary results as soon as possible following the close of voting.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2018
Final report heading:
Voting, Counting and Tabulation of Results
Montenegro
2016
EOM
Parliamentary
elections
Consideration could be given to requiring election contestants to submit interim reports on campaign expenditures prior to election day to increase transparency.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2020
Final report heading:
Campaign Finance
Montenegro
2013
LEOM
Presidential
In accordance with the electoral law, the authorities should comply with the obligation to provide resources for a permanent secretariat to support the SEC. To this end, consideration could be given to allocating additional funds to the SEC to allow it to fully function in its supervisory and monitoring role.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2008
EOM
Presidential
The grounds for dissolving PBs, annulling results and holding repeat polling need to be reviewed and limited only to serious violations. Repeat polling should not be required if an irregularity does not affect overall outcome of elections.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2018
Final report heading:
Voting Procedures
Montenegro
2013
LEOM
Presidential
Consideration could be given to designate one independent authority with sufficient resources necessary for an effective oversight of campaign finance regulations.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2018
Final report heading:
Campaign Finance
Montenegro
2016
EOM
Parliamentary
elections
To ensure the protection of personal data, consideration should be given to formally regulating the process of sharing the electronic database of voters with political parties and civil society and limiting the range of sensitive data made available. The election law and Law on the Electoral Register should be implemented in compliance with the Law on the Protection of Personal Data.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Voter Registration
Montenegro
2016
EOM
Parliamentary
elections
The existing legal framework for the media would benefit from a revision to clearly define a political advertisement.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Media
Montenegro
2018
EOM
Presidential
Whilst public support for the media can enhance pluralism, a transparent and non-discriminatory allocation of state advertising funds should be required. Alternative forms of indirect subsidies, such as tax benefits, or direct subsidies based on objective criteria and conditions may be considered.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Media
Montenegro
2012
Early election
LEOM
Parliamentary
elections
Measures should be undertaken to increase public trust in the integrity of the electoral process. Such measures could include, but are not limited to, a thorough investigation of allegations of electoral irregularities, a public campaign against vote buying and electoral fraud.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To enhance public confidence in the quality of voter lists, authorities should remove deceased voters from the voter list and could make more of an effort to inform the public about measures taken to eliminate duplications. While maintaining security of personal data, the MoI could be more open to public scrutiny in its process for updating the voter lists.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Montenegro
2012
Early election
LEOM
Parliamentary
elections
In line with previous OSCE/ODIHR recommendations, the legal framework should be amended to eliminate the 24-month residency requirement. Until such an amendment is introduced, uniformity of application of the current provision should be ensured.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Montenegro
2012
Early election
LEOM
Parliamentary
elections
The SEC should exercise its authority more actively to oversee the proper implementation of the electoral law. To do so, the SEC should be allocated sufficient financial and human resources.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To ensure consistent application of the electoral law, including with regard to the rights of authorized representatives, a uniform training program could be designed by the SEC and held for all PB members prior to the next election.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To facilitate access of voters to legal remedies, complaint forms could be developed and made available at polling stations and higher-level commissions on election day.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Montenegro
2012
Early election
LEOM
Parliamentary
elections
Clear procedures for the allocation of seats to minority lists should be elaborated in the electoral legislation.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Participation of National Minorities
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To ensure greater representation of women in parliament, consideration could be given to supplementing the current quota system with requirements for the placement of women in higher positions on candidate lists. A system of alternating male/female candidates could also be considered.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Montenegro
2012
Early election
LEOM
Parliamentary
elections
The electoral law should be amended to allow for independent candidacy.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To protect the secrecy of the vote, special voting procedures could be considered for small, remote polling stations, particularly those with less than 50 voters. Consideration could be given to counting votes from small polling stations at the municipal level or accommodating those voters through mobile voting.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To further facilitate access to the ballot, the procedures for mobile voting could be revised and eased.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2012
Early election
LEOM
Parliamentary
elections
More detailed signature verification procedures could be established to allow for a more thorough review of signature lists submitted by electoral contestants to check the authenticity of voter signatures and to ensure voters have not signed in support of more than one list.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To ensure an open campaign environment and protect citizens from pressure and intimidation, law enforcement bodies should investigate ex officio all violations of the electoral legal framework.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign and Campaign Finance
Montenegro
2012
Early election
LEOM
Parliamentary
elections
Consideration could be given to defining more clearly the terms of permanent and temporary employment in the public sector, as included in Article 21 of the Law on Party Political Financing. The ban on recruitment to temporary positions and consultancies in the public sector that comes into force when elections are called should be respected.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Campaign and Campaign Finance
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To increase the transparency of campaign finances, regulations governing the auditing of financial reports submitted by the political parties, which are currently pending promulgation, should be endorsed. Consideration could also be given to requiring that the time period from the announcement of elections until the registration of contestants be also covered in financial reports submitted by political parties to the SEC.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign and Campaign Finance
Montenegro
2012
Early election
LEOM
Parliamentary
elections
The SAO should be provided with the resources that it requires, in particular qualified auditors, to implement the tasks assigned to it under the law.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign and Campaign Finance
Montenegro
2012
Early election
LEOM
Parliamentary
elections
Effective supervision of media compliance with the electoral law during the electoral campaign could be carried out by a proactive independent body authorized to decide on complaints and take prompt and effective action against infringements of the law. This body could conduct independent media monitoring during electoral campaigns.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Montenegro
2012
Early election
LEOM
Parliamentary
elections
National and local public service broadcasters, in co-operation with the SEC, could consider providing the public with civic education and voter information programs.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Montenegro
2012
Early election
LEOM
Parliamentary
elections
To guarantee a true equality in coverage and access for all electoral contestants, public media should ensure balance in their news and current affairs reporting. Further efforts should be made to draw a clear distinction between official government activities and their campaign appearances.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Montenegro
2012
Early election
LEOM
Parliamentary
elections
Dispute resolution system should be reviewed to fully guarantee effective legal redress and relevant procedures should be consistently applied at all levels. The SEC would benefit from the appointment of additional staff, including legal professionals, to assist with the processing of cases in a timely manner.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Montenegro
2012
Early election
LEOM
Parliamentary
elections
In line with previous OSCE/ODIHR recommendations, deadlines for the submission and adjudication of complaints should be revised to allow for a thorough review of complaints.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Montenegro
2020
LEOM
Parliamentary
elections
To ensure equal and fair representation of national minorities, the election legislation should provide clear guidance on criteria while determining the national minority status of candidate lists, and ensure that the special provisions for national minority lists cannot be abused.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Candidate Registration
Montenegro
2023
EOM
Presidential
As previously recommended, the authorities should engage decisively in a comprehensive reform well ahead of the next elections to remove legal gaps and ambiguities and harmonize the electoral legal framework in an inclusive process that includes public consultation.
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:
Electoral System and Legal Framework
Montenegro
2023
EOM
Presidential
To ensure legal certainty and the integrity of the process, the law should be amended to regulate all aspects of the second round of presidential 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:
Electoral System and Legal Framework
Montenegro
2023
EOM
Presidential
To provide sufficient safeguards for the institutional impartiality of the election administration and to avoid situations in which one political option is dominant in the decision-making processes, the mechanism of nomination and appointment of election commissions should be reviewed. An increased role in the nomination and appointment of members by non-political bodies or based on open competition could also be considered. At the same time, providing full voting rights to authorized representatives of the electoral contestants could be reconsidered.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
EOM
Presidential
To protect the privacy of whether a voter has voted and safeguard the secrecy of the vote, the signed voter lists should not be made available to political parties and their representatives, including those serving in MECs. The signed voter lists should be accessible only within a limited scope for precisely defined purposes, such as when considering complaints and appeals.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Montenegro
2023
EOM
Presidential
To ensure the integrity of candidate registration, the authorities should review its procedures and deadlines. To ensure transparency and accountability, the law could mandate prospective candidates to formally commence the nomination procedures before collecting support signatures and prescribe liability and proportionate sanctions for the forgery of supporting signatures. Alternative good practices for candidate registration could also be considered, including a reasonable deposit refundable to the candidates upon receiving a certain number of votes.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2023
EOM
Presidential
To enhance the transparency of the election dispute resolution, the SEC could consider maintaining a publicly accessible database of complaints, including those filed at MECs. Note: "Sub-legal" due to SEC requiring a regulation in order to proceed.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Montenegro
2023
EOM
Presidential
To ensure effective, timely and transparent judicial review, the Constitutional Court should review election disputes within three to five days from receipt, in public sessions, whereby the parties have the right to be heard. The Court should publish its decisions within a short, legally-prescribed deadline.
Recommendation # in final report:
7
Type of recommendation:
Priority
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
To safeguard the integrity of transferring the voting results, the law should stipulate that the PB result protocols and election materials are delivered to the MEC by the PB Chairperson and two members representing opposing parties, in line with international good practice.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Day of the First Round
Montenegro
2023
EOM
Presidential
To enhance public confidence and allow for effective remedy, the SEC should publish results disaggregated by polling stations in a consistent format as soon as the results are available to enable public scrutiny and meaningful contestation of results.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Announcement of the Results
Montenegro
2023
EOM
Presidential
To enhance women’s participation in public life, comprehensive legal, institutional, and educational efforts addressing existing gender stereotypes should be undertaken by the authorities.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Background
Montenegro
2023
EOM
Presidential
To ensure the accountability of election administration, the election law should explicitly prescribe the supervisory function of the SEC over the MECs.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
EOM
Presidential
To ensure the integrity and transparency of the election process, the SEC should collect and publish information on the composition of lower-level commissions, including gender-disaggregated data.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
EOM
Presidential
To ensure the integrity of the election day procedures, the election administration should undertake comprehensive training, mandatory for all MEC and PB members, including on ensuring secrecy of the vote, counting, reconciliation of result protocols and tabulation of votes.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
EOM
Presidential
The lengthy residence requirement for voting in national elections should be reviewed in line with international standards. The law should prescribe clear and objective criteria to determine how a citizen acquires and loses permanent residence.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Montenegro
2023
EOM
Presidential
The existing residency requirements for presidential candidates are overly restrictive and should be reconsidered.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2023
EOM
Presidential
As previously recommended, consideration should be given to removing the restriction to sign in support of only one candidate and decreasing the number of support signatures required to stand for office to a maximum of one per cent of the total electorate.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2023
EOM
Presidential
To ensure inclusiveness and exclude bias in candidate registration, the SEC should determine the candidates’ eligibility based strictly on compliance with the existing legal requirements applied equally to all prospective candidates.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
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
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
2023
Early election
EOM
Parliamentary
elections
A comprehensive review of the legal framework should be undertaken to address previous ODIHR recommendations, and eliminate existing gaps and inconsistencies. In line with international good practice, the review process should be open, inclusive and consultative and take place well before the next elections.
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:
Electoral System and Legal Framework
Montenegro
2023
Early election
Parliamentary
elections
Constitutional provisions regarding the call for parliamentary elections should be amended to ensure clarity and procedural certainty in the appointment of the government and the dissolution of parliament.
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:
Electoral System and Legal Framework
Montenegro
2023
Early election
Parliamentary
elections
To enhance women’s participation in public life, comprehensive legal, institutional, and educational efforts addressing existing gender stereotypes should be undertaken by the authorities. Political parties should undertake effective measures to identify and overcome gender-biased barriers for women candidates and a thorough assessment should be conducted on the impact of the gender quota on the election of women officeholders at all levels.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2023
Early election
Parliamentary
elections
To enhance public confidence, the State Election Commission should publish results disaggregated by polling stations in a consistent format as soon as the results are available to enable public scrutiny and meaningful contestation of results.
Recommendation # in final report:
4
Type of recommendation:
Priority
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
Early election
Parliamentary
elections
The independence and editorial freedom of the public broadcasters should be ensured and the system of funding of local public broadcasters should guarantee their independence.
Recommendation # in final report:
5
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
Montenegro
2023
Early election
Parliamentary
elections
The law should be amended to prescribe the right to request recounts in case of discrepancies in the polling boards protocols. Invalidation of results should only be an option in case of significant irregularities which might have a potential impact on the result.
Recommendation # in final report:
6
Type of recommendation:
Priority
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
Early election
Parliamentary
elections
To enhance transparency and accountability, the law should prescribe an explicit obligation for the Constitutional Court to publish all complaints and decisions on its website and serve them to the parties in a timely manner.
Recommendation # in final report:
7
Type of recommendation:
Priority
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
Early election
Parliamentary
elections
The independence of election commissions should be strengthened by ensuring security of tenure, with the establishment of clear and objective criteria for the grounds for dismissal of election commissioners.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
Early election
Parliamentary
elections
The election administration should collect and publish gender disaggregated data in a comprehensive manner to facilitate the development of targeted measures aimed at increasing the participation of women.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
Early election
Parliamentary
elections
To enhance transparency and accountability, Municipal Election Commissions should facilitate public participation in their meetings through timely publication of agendas and minutes of the respective sessions.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
Early election
Parliamentary
elections
The authorities, including the election administration, should consider consistent implementation of the training programme for election management bodies as well as the development of a comprehensive long-term voter education and information programme for different target audiences in close consultation with organizations representing these groups. Voter education and information materials should be produced in line with accessibility standards.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
Early election
Parliamentary
elections
The authorities should enhance their efforts to ensure that voters with disabilities, including those with visual impairments, can vote independently or with proper assistance. Efforts should be undertaken to ensure that polling station premises and layout are suitable for independent access.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Montenegro
2023
Early election
Parliamentary
elections
The length of the residence requirement for voters should be reviewed in line with international standards and good practice.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Montenegro
2023
Early election
Parliamentary
elections
To address concerns over the accuracy of the voter lists and increase public confidence, consideration should be given to revising the mechanism of reporting and registration of deaths to ensure timely data exchange and correction of citizens’ records. Various stakeholders, including political parties and civil society organizations, should be consulted on the legal changes in this regard.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Montenegro
2023
Early election
Parliamentary
elections
Access to the voter register should be limited to data required to identify voters. To strengthen the integrity of the process, access to sensitive data, such as the ID number, should be limited. A timely and adequate remedy for cases of signature forgery should be provided.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Montenegro
2023
Early election
Parliamentary
elections
While campaigning on social networks, incumbents should ensure a meaningful distinction between their official functions and campaigning activities.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Montenegro
2023
Early election
Parliamentary
elections
Consideration should be given to reviewing the campaign expenditure limit and the amount of public funding, to prevent excessive spending with a potential undue impact on voters and enhance the equality of campaign opportunities.
Recommendation # in final report:
17
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
Early election
Parliamentary
elections
To enhance women’s participation in political life, party spending of public funds dedicated to their women’s organizations should be strengthened and enforced, and sanctions should be applied in cases of non-compliance.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Montenegro
2023
Early election
Parliamentary
elections
To enhance transparency, the law should prescribe that donations above a certain (low) amount are made only by bank transfer.
Recommendation # in final report:
19
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
Early election
Parliamentary
elections
The law should prescribe that the Agency for Prevention of Corruption is required to publish the campaign finance reports immediately upon receipt and in an easily accessible, user-friendly manner. Measures should be taken to enable the Agency for Prevention of Corruption to identify donations provided by public contractors, including by means of cross-checking donors against a digital database of public contractors.
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
Early election
Parliamentary
elections
Monitoring of campaign expenditure should start from the call of elections and should include all forms of campaigning including campaign events and Google Ads, as well as other important platforms, to the extent possible.
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
Early election
Parliamentary
elections
The law should prescribe effective, proportionate and dissuasive sanctions for third-party campaigning and an effective mechanism for enforcement, including discontinuation of the unlawful campaign activity and removal of campaign materials.
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
Early election
Parliamentary
elections
To safeguard freedom of expression, defamation should be fully decriminalized and the legal provisions related to false information should be reviewed in line with international standards.
Recommendation # in final report:
23
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
Early election
Parliamentary
elections
To ensure effective oversight of campaign coverage the Agency for Electronic Media should be mandated to oversee the compliance of broadcast media with election-related provisions and provided with sufficient sanctioning and enforcement powers.
Recommendation # in final report:
24
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
Early election
Parliamentary
elections
To ensure equal and fair representation of national minorities, election legislation should provide clear guidance on criteria for granting the status of a national minority candidate list, to ensure that the special provisions for such a list cannot be abused.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Participation of National Minorities
Montenegro
2008
Early election
EOM
Presidential
The Law on the Election of the President could be amended to: - Limit the total number of support signatures required to stand for office to 1 per cent of the total electorate; - Allow citizens to sign in support of more than one candidacy.
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Legal Framework
Montenegro
2008
EOM
Presidential
The requirement that all “permanent” SEC or MEC members must be legal graduates needs to be reviewed as in many locations (mostly rural) it severely limits the selection pool for commission members.
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2008
EOM
Presidential
The rights and duties of all members of election administration bodies could be clearly defined, including a Code of Conduct that outlines minimum standards of professional behaviour to ensure objectivity and avoid conflicts of interest.
Recommendation # in final report:
4
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2008
EOM
Presidential
Key issues related to the blurring of the state and the governing party, DPS, require being addressed, including the rental of DPS-owned offices to the government.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Campaign
Montenegro
2008
EOM
Presidential
The nomination and confirmation procedure for members of the broadcasting council could be more clearly defined within the law to avoid misinterpretation and politicization of the appointment procedure.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Media
Montenegro
2008
EOM
Presidential
As certain articles of the LECR are inconsistent with the RTCG regulations on the presentation of candidates, the LECR and the Broadcasting Law should be harmonized.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Media
Montenegro
2008
EOM
Presidential
Civil society, political parties and the Montenegrin authorities should encourage the participation of women in the electoral process, including in election administration bodies. There should be greater dialogue between interlocutors on this issue.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Participation of Women and National Minorities
Montenegro
2008
EOM
Presidential
Efforts could be strengthened by the Montenegrin authorities to increase the participation of Roma in the election process, including through solving complex issues related to their Reg.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Participation of Women and National Minorities
Montenegro
2008
EOM
Presidential
Provisions for cases when a voter spoils his/her ballot could be introduced.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Voting Procedures
Montenegro
2008
EOM
Presidential
The control coupons on ballot papers need to be detached by the voters themselves to ensure the secrecy of the vote.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Voting Procedures
Montenegro
2008
EOM
Presidential
Rules for invalidation of ballots could be clearly specified to also include cases of missing stamps on a ballot.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Voting Procedures
Montenegro
2008
EOM
Presidential
Consideration should be given to introducing provisions to allow for the recounting of ballots by PBs to address possible discrepancies identified in the counting of votes. MECs should be provided with clear guidelines on how to address discrepancies identified in results protocols.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Voting Procedures
Montenegro
2013
LEOM
Presidential
Authorities should consider introducing measures to ensure greater confidentiality in the signature collection process and consider taking steps to safeguard the privacy of citizens’ data when giving support to prospective candidates. In addition, consideration could be given to allow a voter to sign for more than one candidate.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Candidate Registration
Montenegro
2013
LEOM
Presidential
In line with previous OSCE/ODIHR recommendations, deadlines for the submission and adjudication of complaints should be revised to allow effective legal remedy.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Complaints and Appeals
Montenegro
2013
LEOM
Presidential
Authorities should amend the electoral law so that the mobile voting procedures are more transparent and accountable, including explicitly allowing candidate representatives to accompany the mobile teams, and requiring that homebound voters sign an extract of the voter list. In addition, consideration could be given to introducing a mobile ballot box and mixing the mobile with other ballots before the count.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Election Day Procedures
Montenegro
2013
LEOM
Presidential
Consideration should be given to eliminating ambiguities in the electoral law in order to avoid differing interpretations and to clearly specify how the law applies in the context of a presidential election.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Legal Framework
Montenegro
2013
LEOM
Presidential
In line with previous OSCE/ODIHR recommendations and international good practice, consideration could be given to eliminating the 24-month residency requirement to be eligible to vote.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Legal Framework
Montenegro
2013
LEOM
Presidential
Consideration should be given to significantly reducing the length of residency requirement to be eligible to stand as a candidate.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Legal Framework
Montenegro
2013
LEOM
Presidential
Consideration could be given to introducing mechanisms that would ensure greater participation of women in senior decision-making roles within the election administration.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2013
LEOM
Presidential
The presidential electoral law could be amended to limit the total number of support signatures required to stand for office to no more than one per cent of the total electorate.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Candidate Registration
Montenegro
2013
LEOM
Presidential
The transparency of the Constitutional Court would be enhanced by holding public hearings with parties having the right to attend and to present their cases directly or through their legal representatives.
Recommendation # in final report:
26
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:
2018
Final report heading:
Complaints and Appeals
Montenegro
2013
LEOM
Presidential
Consideration could be given to formalizing the processing of complaints by the election administration bodies through the adoption of procedural guidelines, and the recording of complaints in a publicly accessible register.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Complaints and Appeals
Montenegro
2013
LEOM
Presidential
To ensure the secrecy of the vote, authorities could consider counting votes from small polling stations at the municipal level or other means, while safekeeping the integrity of the electoral process.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Election Day Procedures and Announcement of Results
Montenegro
2013
LEOM
Presidential
The State Election Commission could consider regulating tabulation procedures to enhance consistency in the reporting of results and ensure the transparency and accountability of the process.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2018
Final report heading:
Voting, Counting and Tabulation of Results
Montenegro
2016
EOM
Parliamentary
elections
To further increase transparency and accountability of the election administration and to earn trust of election stakeholders, media should be granted access to all SEC meetings and the SEC should publish all relevant documents, including its decisions, in a timely manner.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Montenegro
2016
EOM
Parliamentary
elections
In line with previous OSCE/ODIHR recommendations, the residency and legal competence requirements for voting should be reviewed so that they are in line with the Constitution as well as international obligations and good practice.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Legal Framework
Montenegro
2016
EOM
Parliamentary
elections
To achieve a better balance between women and men holding publicly elected positions, political parties could consider internal measures to promote women to senior positions within party structure and to increase visibility of female candidates during election campaigns.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Participation of Women
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Gender
Montenegro
2016
EOM
Parliamentary
elections
Measures to safeguard impartiality and professionalism of the election administration could be taken, particularly to address potential conflicts of interests and avoid political tension. Consideration could be given to requiring members to sign a code of conduct to help ensure their impartiality, professionalism and neutrality. More efforts could be made to further increase the human and operational capacities of the SEC.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Montenegro
2016
EOM
Parliamentary
elections
Consideration could be given to clarifying the role of authorized representatives and limiting their direct involvement in the decision-making process.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Montenegro
2016
EOM
Parliamentary
elections
In line with a previous OSCE/ODIHR recommendation, consideration could be given to removing the restriction to sign in support of only one candidate list.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Candidate Registration
Montenegro
2016
EOM
Parliamentary
elections
Consideration could be given to amending the election law to clearly define when the official campaign period starts and ends.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Campaign
Montenegro
2016
EOM
Parliamentary
elections
Political parties could consider agreeing on and adopting a Code of Ethical Conduct during the election campaign.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Campaign
Montenegro
2016
EOM
Parliamentary
elections
To fulfill its mandate in a timely and efficient manner, consideration should be given to providing the Agency for Prevention of Corruption with adequate capacity and resources.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Campaign Finance
Montenegro
2016
EOM
Parliamentary
elections
It is recommended that the public media makes additional efforts to actively cover the campaign in an impartial and professional manner, rather than relying on the coverage submitted by the political parties.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Montenegro
2016
EOM
Parliamentary
elections
As previously recommended by the OSCE/ODIHR, the deadline for electoral dispute resolution could be extended to allow for an effective legal remedy.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Montenegro
2018
EOM
Presidential
Comprehensive and inclusive review of the electoral legal framework should be considered to regulate all key aspects of the election process, address omissions and to harmonize provisions from different election laws to avoid legal collision. All amendments should be adopted in broad and inclusive public consultation well in advance of the next election.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework
Montenegro
2018
EOM
Presidential
The authorities should promptly and thoroughly investigate all allegations of electoral violations and, in conjunction with the political parties, should undertake measures to discourage vote-buying and to prevent pressure on citizens to participate in the campaign events or to influence their vote.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign
Montenegro
2018
EOM
Presidential
Election administration and judiciary should ensure meaningful, substantive and impartial consideration of complaints in line with clear and transparent legal procedures. Institutions dealing with dispute resolution should be sufficiently empowered to implement necessary control over the electoral process in accordance with clearly defined jurisdiction rules.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2018
EOM
Presidential
The law should be amended to include clear instructions for signature verification, reasonable timeframe for the review of signatures and adequate sanctions for violations.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Montenegro
2018
EOM
Presidential
The SEC could consider revising election day procedures and develop clear tabulation procedures to enhance consistency in the reporting of results, and ensure the transparency and accountability of the process.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voting, Counting and Tabulation of Results
Montenegro
2018
EOM
Presidential
To foster the independence of the RTCG and the AEM, council members should be protected from undue influence from politics, and early dismissals should be permitted only in limited circumstances.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Montenegro
2018
EOM
Presidential
In order to ensure consistency, the SEC should exercise its legal authority to promulgate clear and consistent instructions and regulations to address gaps in the electoral law.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Montenegro
2018
EOM
Presidential
The residency and legal competence requirements for voting should be reviewed in line with the international obligations and good practice to allow for broader participation in the elections.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Montenegro
2018
EOM
Presidential
As previously recommended, consideration could be given to remove the restriction to sign in support of only one candidate and to limit the number of support signatures required to stand for office to no more than one per cent of the total electorate.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Montenegro
2018
EOM
Presidential
As previously recommended, consideration should be given to amending the election law to clearly define when the official campaign period starts.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign
Montenegro
2018
EOM
Presidential
Consideration could be given to granting the AEM more effective enforcement mechanisms to include intermediate financial sanctions, commensurate with the gravity of the offence committed. To avoid overlapping jurisdiction and ensure effective remedies, the AEM should be the only body responsible for supervising broadcasters during the elections.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Montenegro
2018
EOM
Presidential
The authorities could consider imposing a limit on the amount of paid political advertising which could contribute to more balanced level playing field. Media should offer equivalent rates to all candidates, avoiding negotiations on the price, and the rates should be made public before the election campaign.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Montenegro
2018
EOM
Presidential
Consideration could be given to setting specific expedited time limits for investigation and adjudication of election related complaints in misdemeanour and criminal procedure.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2018
EOM
Presidential
To increase the transparency in the election process, the election day procedures could be revised to include posting copy of results protocols outside the premises of the polling stations and to publish them online.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voting and Counting
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
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
Montenegro
2020
LEOM
Parliamentary
elections
To prevent arbitrary application and ensure effective remedy the provisions on challenging and invalidation of election results established by the PBs should be reviewed. The law should be amended to prescribe that the decisions on preliminary results may be appealed, including up to the highest level courts.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2020
LEOM
Parliamentary
elections
Authorities should consider additional measures to achieve balanced representation of women and men holding publicly elected positions. Political parties could consider internal measures to promote women to senior positions within party structure and to increase visibility of female candidates during election campaigns.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Post-Election Day Developments
Montenegro
2020
LEOM
Parliamentary
elections
Consideration should be given to prescribing apresice list of grounds that trigger reduction of parliamentary mandate and call of early elections.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
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
To further increase transparency and public confidence in the work of the election administration, additional measures could be considered, including live online broadcast and access of media to SEC sessions, as well as publication of all relevant documents produced by all levels of the election administration in a timely manner.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Montenegro
2020
LEOM
Parliamentary
elections
To ensure consistent application of the election procedures, an efficient and comprehensive training for all polling board members should be provided, including authorised representatives of contestants, with a focus on the counting procedures.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Montenegro
2020
LEOM
Parliamentary
elections
In order to enhance public trust in the Voter Register, the authorities should consider a comprehensive audit, for example through conducting field tests, and allow stakeholders to monitor such exercise.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Montenegro
2020
LEOM
Parliamentary
elections
To further promote pluralism in electoral process, consideration could be given to removing the restriction to sign in support of only one candidate list.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Montenegro
2020
LEOM
Parliamentary
elections
To safeguard the integrity of candidate registration, consideration could be given to providing clear criteria for signature verification, and adequate and timely sanctions for violations.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Montenegro
2020
LEOM
Parliamentary
elections
To prevent the misuse of office and state resources, additional legal safeguards could be considered. The authorities should ensure that the election campaign is conducted in an atmosphere free from intimidation and fear of retribution and undertake measures to prevent pressure on voters, including employees of state or state-affiliated institutions. Any instances and allegations of pressure should be thoroughly investigated and prosecuted by relevant authorities, and the outcomes should be publicly reported.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral Campaign
Montenegro
2020
LEOM
Parliamentary
elections
The law should be reviewed to address gaps and ambiguities, including regulating the use of loans, developing a comprehensive methodology for evaluation of in-kind donations and defining the activities that constitute prohibited early campaigning.
Recommendation # in final report:
15
Type of recommendation:
Other
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:
Campaign Finance
Montenegro
2020
LEOM
Parliamentary
elections
To improve accountability, an effective mechanism could be considered to enable the APC to directly cross-check donors against a database for public procurement contractors and law enforcement databases and to identify multiple donations by a single donor.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Montenegro
2020
LEOM
Parliamentary
elections
Provisions on defamation and false information which are contrary to international standards on freedom of expression should be removed from the legislation.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Montenegro
2020
LEOM
Parliamentary
elections
Additional effort could be made by broadcasters to improve the quality of editorial coverage of the campaign and to develop their own electoral content rather than using footage provided by contestants.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Montenegro
2020
LEOM
Parliamentary
elections
To ensure effective remedy, consideration should be given to extending the rights of voters to file complaints on all aspects of the electoral process, including the possibility to challenge election results.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2020
LEOM
Parliamentary
elections
To ensure the accountability and enhance transparency of the process, tabulation procedures at MECs should be regulated in detail, particularly with regards to handling PB result protocols when figures do not reconcile. Consideration could be given to broaden the access to PB results protocols, such as by promptly posting the protocols at the polling stations and publishing them online.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
Montenegro
2008
EOM
Presidential
Consideration should be given to amendments to the LECR that would: - Provide adequate special legal procedures to protect electoral rights during the campaign period. The requirement to use general administrative procedures does not provide for a remedy in the timeframe necessary during an election; - Remove the right of candidates and political parties to receive copies of the voter register extracts from the polling stations; - Be brought in conformity with existing media laws; - Make public posting of all election results and protocols at PSs and MECs obligatory and require that the SEC publish partial preliminary results by polling station at regular intervals on election night; - Introduce more coherent transparency and accountability measures with regard to campaign financing.
Recommendation # in final report:
1
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Legal Framework
Montenegro
2008
EOM
Presidential
Measures to promote transparency in campaign financing could be introduced. Training programmes for political parties could be envisaged, dealing with transparent financial reporting and transparent fundraising.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Campaign
Montenegro
2008
EOM
Presidential
The Broadcasting Law would need to provide for adequate legal procedures regarding complaints on broadcast media during the election campaign; general administrative procedures are not constructed to ensure resolution during the election process.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Media
Montenegro
2013
LEOM
Presidential
Electoral legislation should be amended to include specific provisions that clearly address the role of the media during a presidential campaign. Amendments should include provisions for the establishment of an independent authority overseeing media conduct during the elections and with the capacity to effectively deal with media-related complaints.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Media
Montenegro
2013
LEOM
Presidential
In order to further increase the transparency and accountability of the election administration, the SEC could consider officially adopting and publishing the election calendar and publishing the minutes of the SEC sessions.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2013
LEOM
Presidential
To comply with the electoral law, and with the aim of increasing transparency, the MECs should publish all their decisions without delay. In this respect, relevant authorities, including the SEC, MECs, and the municipal administrations should ensure that all MECs have their own websites.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Election Administration
Montenegro
2013
LEOM
Presidential
In order to further enhance public confidence in the electoral process and to ensure an open campaign environment, relevant authorities should undertake greater initiatives to properly investigate allegations of the misuse of state resources, intimidation of employees, and vote buying, and to take appropriate actions should any violations be proven.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Campaign and Campaign Finance
Montenegro
2013
LEOM
Presidential
The working group tasked with reviewing the regulatory framework for campaign finance should consider addressing the gaps and ambiguities identified in this report, as well as by the Council of Europe’s Group of States against Corruption (GRECO).
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Campaign and Campaign Finance
Montenegro
2013
LEOM
Presidential
It is recommended the current system of public funding be revised to provide for greater proportionality and promote a level playing field for all contestants.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Campaign Finance
Montenegro
2013
LEOM
Presidential
Consideration could be given to creating a self-regulatory body with the capacity to promote the objective and professional election related coverage of all media.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2018
Final report heading:
Media
Montenegro
2016
EOM
Parliamentary
elections
Consideration should be given to undertaking comprehensive electoral reform with the aim to harmonize election legislation internally and with other relevant laws. The reform process should be inclusive and completed well in advance of the next elections. In addition, the SEC could be more pro-active in timely promulgating regulations to address gaps and inconsistencies in the election law and to ensure its consistent application.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Legal Framework
Montenegro
2016
EOM
Parliamentary
elections
It is recommended that the SEC provides comprehensive guidelines to all educators to assure consistent training at all levels; instructions should be efficiently communicated to MECs.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Administration
Montenegro
2016
EOM
Parliamentary
elections
Effective supervision of media compliance with the law during the electoral campaign could be strengthened by a proactive independent body authorized to decide on complaints and take prompt and effective action against infringements of the law.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Media
Montenegro
2016
EOM
Parliamentary
elections
To ensure the transparency and accountability of the process, the SEC could consider to publicly tabulate results, as well as to regulate tabulation procedures for MECs in more detail.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Day
Montenegro
2018
EOM
Presidential
To increase transparency and to earn public trust, SEC should allow access of media to all its meetings. The SEC and MECs should publish all relevant documents and decisions on their websites in a timely manner.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Montenegro
2018
EOM
Presidential
Authorities should firmly condemn any attacks against journalists and foster measures to protect journalists and prevent impunity, including independent, speedy, effective investigations, and detailed and systematic data collection on threats against journalists.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Montenegro
2018
EOM
Presidential
The SEC should operate and adopt its decisions with the legally required quorum. Additional measures to safeguard integrity, impartiality and professionalism of the election administration could be taken to avoid politicization of decision-making. The role of authorized representatives at all levels of election administration needs to be clarified and consideration given to limiting their involvement in decision-making.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Montenegro
2018
EOM
Presidential
Gaps and ambiguities in the law regarding the use of loans and party resources to finance the election campaign should be addressed. The timeframe for opening the campaign bank account could also be installed by the law.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Montenegro
2018
EOM
Presidential
Further measures could be taken to guarantee independence and strengthen the capacities of the APC with a view to ensure effective implementation of the law. APC should develop sound methodology for inspection of financial activities of the contestants during the campaign.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Montenegro
2018
EOM
Presidential
The reporting templates should be itemized to provide for a clear distinction between different categories of expenses, including types of advertisements and to be published in a user-friendly format. Consideration could be given to developing guidelines on calculation of in-kind contributions.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Financing
Montenegro
2018
EOM
Presidential
To encourage equal participation of persons with disabilities in elections, the election administration and other relevant institutions should take further measures to improve the accessibility of polling stations.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voting, Counting and Tabulation of Results
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 a prompt remedy of media disputes during the electoral campaign, the law should be amended to prescribe that complaints by all stakeholders should be filed and reviewed within short timeframes. The AEM should consider acting ex officio upon possible irregularities, in a timely manner.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Montenegro
2020
LEOM
Parliamentary
elections
Consideration could be given to adopting procedural guidelines and complaints templates. To enhance transparency of the election dispute resolution a publicly accessible register of complaints should be created and the Constitutional Court should hold public hearings, with parties having the right to attend and to present their cases.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Montenegro
2020
LEOM
Parliamentary
elections
In order to facilitate equal participation of persons with disabilities, efforts should be undertaken to ensure that polling station premises and layout are suitable for independent access by voters with disabilities. Additional measures could be considered, including voter information material in multiple formats, and effective training on disability inclusion to lower-level election commissions.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day