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France
2022
EAM
Presidential
Legal provisions on the use of public resources by presidential candidates should be clarified to prevent the misuse or perception of such misuse during the campaign
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
France
2017
EET
Presidential
Consideration could be given to simplifying, modernising and re-codifying the regulatory framework with special attention to closing the potential avenues of circumvention.
Recommendation # in final report:
1
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Campaign Finance
France
2017
EET
Presidential
To enhance transparency and accountability in the sources of campaign financing, consideration should be given to explicitly prohibiting contributions made in the name of another person. Consideration could also be given to lowering the ceiling for cash donations, both individually and cumulatively.
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
France
2017
EET
Presidential
Consideration should be given to clarifying and codifying the definition of campaign expenditure in the primary law to provide clear guidelines on which activities are prohibited during the pre-election campaign. To enhance transparency of campaign finance, the authorities could consider amending the law to require reporting on election-related expenditures by third-parties.
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
France
2017
EET
Presidential
To address concerns with regard to a potential for circumventing the ban on donations from legal entities, the authorities could consider capping the length of loans to the period of on-going oversight.
Recommendation # in final report:
4
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
France
2017
EET
Presidential
To enhance the transparency of campaign finance, the law could be reviewed to require the disclosure of large donors’ identify and publication of detailed post-election reports accompanied by all supporting materials.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
France
2017
EET
Presidential
Authorities could consider amending the law to provide the CNCCFP with more resources and authority to conduct investigations in order to improve effectiveness of political and campaign finance oversight. The CNCCFP’s mandate could be further strengthened with increased sanctioning authority.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
France
2017
EET
Presidential
To enhance the CNCCFP’s oversight capacity and expedite the review process, consideration could be given to the development of an appropriate e-filing and database system.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Campaign Finance
France
2022
EAM
Presidential
In order to eliminate the possibility of circumventing campaign ceiling, the legislation could comprehensively regulate campaigning by the third parties, including their campaign finance reporting within the timeframe applicable to candidates
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
France
2022
EAM
Presidential
To enhance transparency, consideration should be given to requiring preliminary disclosure of itemized campaign contributions and expenditures by contestants prior to election days
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
France
2022
EAM
Presidential
In order to further enhance transparency and accountability, the reporting deadlines for political parties’ campaign expenditures could be synchronised with those for candidates to allow effective oversight.
Recommendation # in final report:
9
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
France
2022
EAM
Parliamentary
elections
To avoid undue barriers for candidates, state authorities should further facilitate bank account access in a timely manner while limiting the associated fees, for example through the banks governed or funded by the state.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
France
2022
EAM
Parliamentary
elections
While balancing privacy concerns, in order to enhance transparency in campaign financing, further information on contestants’ financing and campaign expenditures should be available in the public domain.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
France
2022
EAM
Parliamentary
elections
Consideration should be given to making the mechanism of defining political affiliation of candidates fully transparent, based on preliminary consultations with relevant political parties and groups and providing for clear rules for assigning the votes received by candidates to concrete parties or groups.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
France
2022
EAM
Presidential
As previously recommended, the law should be revised to guarantee the access of citizen and international observers to all stages of the electoral process.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Observation
France
2022
EAM
Parliamentary
elections
The law should be revised to explicitly guarantee the access of citizen and international observers to all stages of the electoral process, in line with France’s international commitments.
Recommendation # in final report:
14
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
France
2022
EAM
Presidential
Consideration could be given to mandatory training of polling board chairs to ensure effective and consistent management of election day proceedings
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
France
2022
EAM
Presidential
In line with OSCE commitments, gender disaggregated data with regards to the electoral process should be made available in a comprehensive manner
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
France
2022
EAM
Presidential
As previously recommended, consideration should be given to cancelling proxy voting and exploring alternative voting methods which duly uphold OSCE commitments and other international standards.
Recommendation # in final report:
4
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voting Methods
France
2022
EAM
Parliamentary
elections
In line with OSCE commitments, gender disaggregated data with regards to the electoral process should be made available in a comprehensive manner.
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Status of implementation:
Not evaluated
Final report heading:
Election Administration
France
2022
EAM
Parliamentary
elections
Consideration could be given to mandatory training of polling board chairs to ensure effective and consistent management of election day proceedings.
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
France
2022
EAM
Parliamentary
elections
Consideration could be given to making the recount of valid ballots possible and retaining all ballots for a sufficient period of time in order to safeguard the integrity of the voting results.
Recommendation # in final report:
4
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
France
2022
EAM
Parliamentary
elections
The security of voters’ personal data should be ensured. Relevant institutions should thoroughly investigate and sanction any breach which impacts public confidence in the electoral process.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
France
2022
EAM
Presidential
To ensure the effective resolution of election disputes, consideration should be given to the timeline for consideration of disputes between the first and second round and the finalization of results to ensure the Constitutional Council has sufficient time for review.
Recommendation # in final report:
14
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
France
2022
EAM
Presidential
To ensure effective and accessible legal redress, the authorities could consider decentralizing adjudication of complaints against election results, so that each complaint is adjudicated in first instance within adequate deadlines before a final appeal to the Constitutional Council. Hearings of complaints and appeals should be public, offering all sides the opportunity to be heard and observing procedural safeguards.
Recommendation # in final report:
15
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
France
2022
EAM
Parliamentary
elections
Consideration should be given to revising the appeals arrangement so that complaints related to the registration of candidates are fully adjudicated before the elections, thereby providing a timely remedy.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
France
2022
EAM
Parliamentary
elections
To ensure effective and accessible legal redress, the authorities could consider decentralizing adjudication of complaints about election results so that each complaint is adjudicated in the first instance within adequate deadlines before a final appeal to the Constitutional Council. Hearings of complaints should be public, offering all sides the opportunity to be heard and observing due process.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
France
2022
EAM
Parliamentary
elections
The boundaries of the constituencies should be regularly reviewed in line with international good electoral practice and to ensure equal voting power. Consideration should be given to a legal requirement for periodic review of constituency boundaries to reflect relevant changes in population size.
Recommendation # in final report:
1
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System
France
2022
EAM
Presidential
Consideration should be given to consolidating the electoral legal framework, particularly by integrating the executive regulations pertaining to key aspects of the electoral process into one comprehensive piece of legislation.
Recommendation # in final report:
1
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
France
2017
EET
Presidential
Authorities could consider decriminalizing defamation and revising the Press Law in order to bring it in line with international standards on freedom of expression.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
France
2017
EET
Presidential
Consideration could be given to enhance the transparency of CSA supervision by publicly disclosing the violation committed by a media outlet when issuing a public warning.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Media
France
2022
EAM
Presidential
In order to protect media pluralism, existing legal framework regulating media concentration could be reviewed and adapted to the current state of the media industry. Authorities should revise methodologies to assess the concentration of media ownership, including the influence of individual outlets and the aggregated influence of a media outlet/group across different types of media.
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 evaluated
Final report heading:
Media
France
2022
EAM
Presidential
Authorities should consider decriminalizing defamation in order to bring the relevant legal framework in line with international standards on freedom of expression. Measures should be put in place to protect media from strategic lawsuits to deter the abuse of this practice.
Recommendation # in final report:
11
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
France
2022
EAM
Presidential
Existing regulation on equitable and equal campaign coverage should be reviewed to take into account the online services of audio-visual media.
Recommendation # in final report:
12
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
France
2022
EAM
Presidential
To enhance the opportunity of voters to be informed about and compare electoral programmes of the contestants, the organization of a debate between first round presidential candidates could be considered.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
France
2022
EAM
Parliamentary
elections
In order to protect media pluralism, the existing legal framework regulating media ownership concentration could be reviewed and adapted to the current state of the media industry. Authorities should introduce revised methodologies to assess the concentration of media ownership, including the influence of individual outlets and the aggregated influence of media outlets/groups across different types of media.
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 evaluated
Final report heading:
Media
France
2022
EAM
Parliamentary
elections
Authorities should consider decriminalizing defamation in order to bring the relevant legal framework in line with international standards on freedom of expression. Measures should be put in place to protect media from strategic lawsuits to deter the abuse of this practice against political participation.
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 evaluated
Final report heading:
Media
France
2022
EAM
Presidential
Consideration could be given to continued efforts to ensure independent participation in public life of persons with intellectual or psychosocial disabilities
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
France
2022
EAM
Parliamentary
elections
Political parties could take further steps and develop internal party policies to enhance women’s visibility in the campaign, in particular in broadcast media.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Electoral Participation of Women
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