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Location: Montenegro
Year of election: 2023 - 2023
Election type: Presidential
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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
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