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Italy
2018
EAM
Parliamentary
elections
Legal framework for elections should be reviewed to address shortcomings noted in this and previous ODIHR reports. Consideration could be given to codifying existing regulations into electoral legislation so as to ensure legal certainty and coherence. Legal reform should be undertaken well in advance of the next elections and involve open consultations with all relevant stakeholders.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Legal Framework
Italy
2018
EAM
Parliamentary
elections
Election legislation should be harmonized with the objectives of the Convention of the Rights of Persons with Disabilities to ensure the full voting rights of all persons with disabilities, including the right to request assistance to vote.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Italy
2018
EAM
Parliamentary
elections
Consideration should be given to explicitly provide for the legal right to appeal election results to a competent court as the final authority. Adequate time limits for deciding on election-related complaints at all levels should be provided by the legislation to ensure the implementation of the right to an effective and timely remedy. Information about submitted complaints and requests should be made publicly available.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Italy
2018
EAM
Parliamentary
elections
Consideration could be given to enhancing the oversight system, including by providing a leading oversight body with a mandate, adequate powers and resources to carry out a pro-active and efficient supervision, investigation and enforcement of political finance regulations.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
Italy
2018
EAM
Parliamentary
elections
Consideration should be given to adhering more closely to the electoral quota for all constituencies across the country, including in the out-of-country constituency, in line with international good practice concerning the equality of the vote, without prejudice to the protection of minorities.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Electoral System
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Electoral System
Italy
2018
EAM
Parliamentary
elections
Legislation should be amended to permanently allow for election observers, both international and domestic, at all stages of the election process to ensure full compliance with paragraph 8 of the 1990 OSCE Copenhagen Document.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Legal framework
Italy
2018
EAM
Parliamentary
elections
Consideration should be given to further reducing the workload of courts during the election period by reassigning certain election-related functions to other relevant bodies.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Legal Framework
Italy
2018
EAM
Parliamentary
elections
The criteria for the selection of poll workers should be clearly defined and unified to further improve the work of Polling Election Offices.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Italy
2018
EAM
Parliamentary
elections
Consideration should be given to granting equal voting rights for elections to the Senate to all citizens who reached the age of majority.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Voter Registration
Italy
2018
EAM
Parliamentary
elections
Legislation should be reviewed to allow for independent candidacies, in line with international commitments. Given almost identical functions of the two chambers of parliament, consideration should be given to eliminate the different age requirements for candidates.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Italy
2018
EAM
Parliamentary
elections
The authorities should consider clarifying the definitions and criteria required for classification of party logos.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2022
Final report heading:
Candidate Registration
Italy
2018
EAM
Parliamentary
elections
Consideration should be given to introducing methods to simplify the collection of signatures and to clarifying the rules for signature verification.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Italy
2018
EAM
Parliamentary
elections
To enhance transparency, consideration could be given to disclosing campaign finance reports prior to election day as well as extending the rules related to reporting and disclosure requirements to all donors and to non-affiliated third parties.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Campaign Finance
Italy
2018
EAM
Parliamentary
elections
Criminal provisions for defamation, libel, and slander should be repealed in favour of civil remedies designed to restore the reputation harmed. Sanctions should be strictly proportionate to the actual harm caused.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Media
Italy
2018
EAM
Parliamentary
elections
The independence of the broadcast media regulator could be further strengthened by revising the system of appointment of its members.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Italy
2018
EAM
Parliamentary
elections
Consideration could be given to allocate direct access broadcasting time to contestants at the time when such addresses are likely to reach the widest possible audience.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Media
Italy
2018
EAM
Parliamentary
elections
The law should be amended to include the mandatory training for poll workers with a view to ensure consistent implementation of voting and counting procedures.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Day
Italy
2018
EAM
Parliamentary
elections
The system of appointing PEO chairpersons and members for both regular and out-of-country constituency polling stations should be reviewed, and necessary measures should be taken in order to avoid absences of appointed poll workers on election days.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Day
Italy
2018
EAM
Parliamentary
elections
To further enhance the transparency of the tabulation process, preliminary results by polling stations should be published as soon as they are received. Official results by polling stations should be published once they have been validated.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Day
Italy
2022
Early election
EAM
Parliamentary
elections
To enhance legal certainty and effective implementation, consideration should be given to reviewing the legislation to remove gaps, eliminate fragmentation and bring it further in line with OSCE commitments, international standards and good practice. Such reform should be accomplished well in advance of the next elections through an inclusive consultative process.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Italy
2022
Early election
EAM
Parliamentary
elections
To comply with international standards and to protect the fundamental freedom of expression, criminal provisions for defamation should be repealed in favour of civil remedies designed to restore the reputation harmed. Measures should be put in place to deter the abuse of strategic lawsuits against the media. Authorities should reinforce protection of journalists from threats and intimidation.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Italy
2022
Early election
EAM
Parliamentary
elections
Legislation should be reviewed to allow for independent candidacies, in line with international commitments.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Italy
2022
Early election
EAM
Parliamentary
elections
Regulation of the campaign and its coverage should be enhanced to ensure an environment in which election contestants have fair opportunities to campaign, including online.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Italy
2022
Early election
EAM
Parliamentary
elections
Disaggregated data on gender representation in the election administration should be collected and published in a comprehensive manner. Further efforts should be made to ensure a gender-balanced representation in all election management bodies.
Recommendation # in final report:
5
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
Italy
2022
Early election
EAM
Parliamentary
elections
In line with the principle of transparency, the election administration should open their sessions to the public, political parties and the media and publish the draft agendas in advance of relevant sessions.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Italy
2022
Early election
EAM
Parliamentary
elections
The authorities should consider mandatory training of members of Polling Election Offices with a view to ensuring consistent implementation of polling and counting procedures. To prevent acute shortage of poll workers, in particular ahead of early elections, consideration could be given to creating and maintaining an updated database of trained individuals at the municipality level to promptly fill the positions of poll workers.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Italy
2022
Early election
EAM
Parliamentary
elections
To further enhance transparency and safeguard the integrity of election results, preliminary and final election results disaggregated by polling station should be published as soon as possible after the conclusion of the count and tabulation.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Italy
2022
Early election
EAM
Parliamentary
elections
Consideration should be given to simplifying methods of the collection of signatures and revising the legal deadlines for candidate registration, in particular with respect to signature collection.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Italy
2022
Early election
EAM
Parliamentary
elections
To enhance the representation of women in the parliament, the gender quota system should be reviewed. This could be achieved by requiring that in proportional contests, a parliamentary mandate not taken or left by an elected woman be filled by the next woman candidate on the relevant list.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Italy
2022
Early election
EAM
Parliamentary
elections
To enhance transparency of campaign financing, consideration could be given to providing for interim disclosure of campaign finances prior to election day, including incomes as well as expenditures for offline and online campaigning by contestants and third parties. Attention should be given to revision of the reporting format, providing clarity and consistent itemization of all incomes and expenditures.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Italy
2022
Early election
EAM
Parliamentary
elections
To ensure transparency and accountability of campaign financing and effective remedy for any violations, relevant authorities should verify campaign reports and publish the verification results in a timely manner.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Italy
2022
Early election
EAM
Parliamentary
elections
The law should be amended to allow for citizen observation in line with OSCE commitments.
Recommendation # in final report:
13
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
Italy
2022
Early election
EAM
Parliamentary
elections
Consideration should be given to defining clear timelines for making decisions on complaints related to the election results and respective parliamentary mandates as well as to introducing the possibility to appeal such decisions to a competent court as the final authority.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
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