OUR INITIATIVES

#13 DETERMINE LEGAL DEADLINES THAT WOULD ENABLE EFFECTIVE PROTECTION OF THE ELECTORAL RIGHTS

In order for the electoral right protection process to be effective, the Venice Commission proposes that the deadlines for filing appeals, as well as deciding on appeals, must be short, i.e. that they should be between three and five days in the first instance proceedings. (I.3.3.g). In order for these standards to be met, it is necessary to undertake the following:

 

a. Extend the deadline for making decisions and submitting complaints

It is necessary to extend the deadline for submitting complaints, so that the Law on the Election of members of the Parliament would be amended, namely article 95, paragraph 3, so that it reads: Complaint from paragraphs 1 and 2 of this article shall be submitted within 48 hours from the hour when the decision was made or the action, that the complainant considers incorrect, performed. i.e. from the hour when the omission was made. In addition, it is necessary to harmonise the deadlines for decision-making by the competent authorities in accordance with the principles of best international practice (from two to five days). Deadlines need to be extended, such as the deadlines needed to declare a candidacy or electoral list, to determine the final results, to submit election material after the election, to submit an excerpt from the Voters’ Register, to decide on a complaint or appeal. It is also necessary to compare the deadline for insight into the election material that the participants in the elections have with the deadlines for submitting objections. According to the existing solution, the deadline for submitting complaints has already expired at the moment when the deadlines for the participants in the elections to inspect the election material begin to run. The current regulations stipulate that the representatives of the submitters of electoral lists and candidates may inspect the election material within five days from the Election Day.  In order for the list submitters and candidates who, upon inspection of the election material, noticed the irregularities in the conduct of the elections, be able to submit to the electoral commission a complaint regarding the observed irregularity in a timely manner, it is necessary to enable the election participants to file a complaint to the election commission within a deadline that begins to run at the moment of the inspection of the material. (See article 105 and 142 of the Unified Electoral Law.)

 

b. Extend the deadline for filing complaints to the Administrative Court

In the case of local elections, it is necessary to amend article 54 of the Law on Local Elections, paragraph 1 in order to extend to 48 hours the deadline for filing complaints to the Administrative Court, as foreseen in the case of the republic elections. As the republic and the local elections do not have other differences regarding the protection of the electoral right, it is indispensable to harmonise these deadlines knowing that the nature of these two election processes is identical. (See article 145 of the Unified Electoral Law.)

 

c. Harmonise election deadlines with deadlines for protection of the electoral rights

Electoral laws should be amended in order to harmonise the deadlines for the protection of the right to vote with the deadlines for announcing the election results. Electoral commissions should determine the final results of the elections after the deadline for submitting complaints and appeals, i.e. upon irrevocability or enforceability of decisions made on complaints and appeals.

 

d. Oblige the Constitutional Court to make a decision on the suspension of the application of the act in electoral disputes within five days

The provision amending the Law on the Constitutional Court refers to the introduction of the obligation for the Constitutional Court to suspend the execution of an individual act within five days from the day of submitting the initiative for assessing the constitutionality or legality of a general act, which relates to electoral matters. or actions taken on the basis of a general act which is the subject of normative
control.