246 Results
Quotes
Quotes based on international documents, law, and treaties- "One way of avoiding manipulation is to define in the Constitution or in a text higher in status than ordinary law the elements that are most exposed (the electoral system itself, the membership of electoral commissions, constituencies or rules on drawing constituency boundaries). Another, more flexible, solution would be to stipulate in the Constitution that, if the electoral law is amended, the old system will apply to the next election – at least if it takes place within the coming year – and the new one will take effect after that. "
- "For the rest, the electoral law should normally have the rank of statute law. Rules on implementation, in particular those on technical questions and matters of detail, can nevertheless be in the form of regulations."
- "The composition of the central electoral commission is certainly important, but no more so than its mode of operation. The commission’s rules of procedure must be clear, because commission chairpersons have a tendency to let members speak, which the latter are quick to exploit. The rules of procedure should provide for an agenda and a limited amount of speaking time for each member – e.g. a quarter of an hour; otherwise endless discussions are liable to obscure the main business of the day. "
- "The electoral law should contain an article requiring the authorities (at every level) to meet the demands and needs of the electoral commission. Various ministries and other public administrative bodies, mayors and town hall staff may be directed to support the election administration by carrying out the administrative and logistical operations of preparing for and conducting the elections. They may have responsibility for preparing and distributing the electoral registers, ballot papers, ballot boxes, official stamps and other required material, as well as determining the arrangements for storage, distribution and security."
- "The law must be very clear as to what sites observers are not entitled to visit, so that their activities are not excessively hampered. For example, an act authorising observers to visit only sites where the election (or voting) takes place could be construed by certain polling stations in an unduly narrow manner"
- "Referring to the applicant party’s argument that the sudden change in the registration system was unexpected for voters, the Court considers that, as a matter of policy, it would indeed be preferable to maintain the stability of electoral law (see also the Venice Commission’s recommendation in this respect, paragraph 47 above). Fundamental electoral rules, such as those concerning voter registration, should not normally be amended too often and especially on the eve of an election, otherwise the State risks undermining respect for and confidence in the existence of the guarantees of a free election. "
- "It is to be recalled that, for the purposes of applying Article 3 of Protocol No. 1, any electoral legislation must be assessed in the light of the political evolution of the country concerned, so that features that would be unacceptable in the context of one system may be justified in the context of another (see, among other authorities, Py v. France, no. 66289/01, § 46, ECHR 2005-I). As was noted above, in the present case, the electoral authorities had the challenge of remedying manifest shortcomings in the electoral rolls within very tight deadlines, in a “post-revolutionary” political situation (see paragraphs 11-13 and 19-23 above). Consequently, the Court concludes that the unexpected change in the rules on voter registration one month before the repeat parliamentary election of 28 March 2004 was, in the very specific circumstances of the situation, a solution devoid of criticism under Article 3 of Protocol No. 1. "
- "As a corollary to the above principle, and recalling that the rights guaranteed by Article 3 of Protocol No. 1 are crucial to establishing and preserving the foundations of a meaningful democracy (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 47, Series A no. 113), the Court finds it particularly important for an agency in charge of electoral administration to function in a transparent manner and to maintain impartiality and independence from political manipulation. "
- "The rights guaranteed under Article 3 of Protocol No. 1 are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law. Nonetheless, these rights are not absolute. There is room for “implied limitations”, and Contracting States must be given a margin of appreciation in this sphere. The Court reaffirms that the margin in this area is wide (see Mathieu-Mohin and Clerfayt, cited above, § 52, and, more recently, Matthews v. the United Kingdom [GC], no. 24833/94, § 63, ECHR 1999-I; Labita v. Italy [GC], no. 26772/95, § 201, ECHR 2000-IV; and Podkolzina v. Latvia, no. 46726/99, § 33, ECHR 2002-II). There are numerous ways of organising and running electoral systems and a wealth of differences, inter alia, in historical development, cultural diversity and political thought within Europe, which it is for each Contracting State to mould into its own democratic vision (see Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 61, ECHR 2005-IX). "
- "Article 3 of Protocol No. 1 appears at first sight to differ from the other rights guaranteed in the Convention and Protocols, as it is phrased in terms of the obligation of the High Contracting Party to hold elections which ensure the free expression of the opinion of the people rather than in terms of a particular right or freedom. However, the Court has established that it guarantees individual rights, including the right to vote and to stand for election (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, §§ 46-51, Series A no. 113). The Court has consistently highlighted the importance of the democratic principles underlying the interpretation and application of the Convention and has emphasised that the rights guaranteed under Article 3 of Protocol No. 1 are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law (ibid., § 47; see also Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR 2005-IX). "
- "The Court has had frequent occasion to highlight the importance of democratic principles underlying the interpretation and application of the Convention (see, among other authorities, United Communist Party of Turkey and Others v. Turkey, judgment of 30 January 1998, Reports of Judgments and Decisions 1998-I, pp. 21-22, § 45), and it would take this opportunity to emphasise that the rights guaranteed under Article 3 of Protocol No. 1 are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law (see also the importance of these rights as recognised internationally in “Relevant international materials”, paragraphs 26-39 above). "
- "Article 3 of Protocol No. 1 is phrased differently from the other provisions of the Convention and its Protocols – in terms of the obligation of the High Contracting Parties, rather than guaranteeing a specific right or freedom (see paragraph 34 above). Unlike other provisions of the Convention, such as Article 5, Articles 8 to 11, or Article 1 of Protocol No. 1, the text of this provision does not contain an express reference to the “lawfulness” of any measures taken by the State. However, the rule of law, one of the fundamental principles of a democratic society, is inherent in all the Articles of the Convention and its Protocols (see, among many other authorities, Amuur v. France, 25 June 1996, § 50, Reports of Judgments and Decisions 1996-III). This principle entails a duty on the part of the State to put in place a legislative framework for securing its obligations under the Convention in general and Article 3 of Protocol No. 1 in particular, and to ensure that its public officials charged with executing those obligations do not act outside the law, but exercise their powers in accordance with the applicable legal rules. "
- "Article 3 of Protocol No. 1 appears at first sight to differ from the other rights guaranteed in the Convention and Protocols, as it is phrased in terms of the obligation of the High Contracting Party to hold elections which ensure the free expression of the opinion of the people rather than in terms of a particular right or freedom. However, the Court has established that it guarantees individual rights, including the right to vote and to stand for election (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, §§ 46-51, Series A no. 113). The Court has consistently highlighted the importance of the democratic principles underlying the interpretation and application of the Convention and has emphasised that the rights guaranteed under Article 3 of Protocol No. 1 are crucial to establishing and maintaining the foundations of an effective and meaningful democracy governed by the rule of law (ibid., § 47; see also Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR 2005-IX). "
- "Compl[y] fully with their international human rights law obligations and commitments with regard to participation in political and public affairs, including reflecting them in their national legislative framework."
- "[Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties. "
- "Tak[e] all necessary measures to eliminate laws, regulations and practices that discriminate, directly or indirectly, against citizens in their right to participate in public affairs on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, or on the basis of disability. "
- "Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life; "
- "For campaign finance laws or regulations to be meaningful, it is essential for them to require disclosure through clear, detailed and periodic reporting on contributions and expenditures."
- "To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited."
- "Although a participating State has the flexibility to determine the structure of the legal framework for campaign finance, the primary instruments should be written, as opposed to being based on custom or a collection of administrative policies. Written law provides the benefit of equity, certainty, visibility and transparency. It enhances the consistent application of law and makes the matter subject to judicial interpretation and review, as well as open to recourse by citizens."
- "The rules governing campaign finance legislation should be as clear and precise as possible, including the key terminology. Interpretation of the regulations should not be a matter of subjective opinion."
- "The legislation should be enacted sufficiently in advance of elections to give voters and all participants in the process – including authorities, contestants and media – enough time to become informed of the rules. The late adoption of campaign finance legislation can undermine trust in the process and reduce the opportunity for contestants and other stakeholders to become familiar with and prepare for implementation of the rules."
- "Campaign finance rules should be adopted in an inclusive manner and be published and made available to the public in a timely and accessible manner."
- "Democracy is incompatible with any substantial change in the electoral system introduced arbitrarily or surreptitiously, and there must be a reasonable interval between the adoption of any amendment and its entry into force. "
- "To allow for the effective regulation of the use of state resources, legislation should clearly define what use is permitted and what is prohibited."
- "Although a participating State has the flexibility to determine the structure of the legal framework for campaign finance, the primary instruments should be written, as opposed to being based on custom or a collection of administrative policies. Written law provides the benefit of equity, certainty, visibility and transparency. It enhances the consistent application of law and makes the matter subject to judicial interpretation and review, as well as open to recourse by citizens."
- "The rules governing campaign finance legislation should be as clear and precise as possible, including the key terminology. Interpretation of the regulations should not be a matter of subjective opinion."
- "The legislation should be enacted sufficiently in advance of elections to give voters and all participants in the process – including authorities, contestants and media – enough time to become informed of the rules. The late adoption of campaign finance legislation can undermine trust in the process and reduce the opportunity for contestants and other stakeholders to become familiar with and prepare for implementation of the rules."
- "Campaign finance rules should be adopted in an inclusive manner and be published and made available to the public in a timely and accessible manner."
- "Democracy is incompatible with any substantial change in the electoral system introduced arbitrarily or surreptitiously, and there must be a reasonable interval between the adoption of any amendment and its entry into force. "
- "The legal framework should, therefore, be drafted in an open and inclusive manner in order to secure broad confidence among competing political parties and candidates, and voters. It is good practice that significant changes in the legal framework are not introduced shortly before an election, except under exceptional circumstances and when the amendments have broad political support."
- "Appropriate and proportionate heightened security measures may be instituted in response to emergency security situations with a view to restoring or maintaining public order. In doing so, international obligations and standards set out that limitations of fundamental rights and freedoms during a state of emergency can be justified only by strict and exceptional necessity in light of a grave and imminent threat."
- "Although a government has the flexibility in determining the structure of the legal framework, the primary instrument in the field of elections must be a written law, as opposed to custom or a collection of administrative policies. As the instrument of choice, written law provides the benefits of equity, certainty, visibility and transparency, and makes the matter subject to judicial interpretation and review, as well as open to recourse by citizens."
- "Electoral legislation should be enacted sufficiently in advance of elections to enable voters and all participants in the process – including election-administration bodies, candidates, parties and the media – to become informed of the rules. Electoral legislation enacted at the “last minute” has the potential to undermine trust in the process and diminish the opportunity for political participants and voters to become familiar with the rules of the electoral process in a timely manner."
- "Electoral legislation should be published and readily available to the public."
- "There should also be a variety of sanctions available when political parties do not comply with legal measures aimed at ensuring gender equality. Sanctions may range from financial measures, such as the denial or reduction of public funding, to stronger measures, such as the removal of the party’s electoral list from the ballot."
- "The legal framework should stipulate that every voter, candidate and political party has the right to lodge a complaint with the competent authority when an infringement of electoral rights has occurred. Care must be taken when drafting such provisions to ensure that the right to seek protection of electoral rights is not unduly restricted to a limited number of groups, such as political parties or candidates."
- "Unless action needs to be taken urgently, public authorities shall provide private persons with the opportunity through appropriate means to participate in the preparation and implementation of administrative decisions which affect their rights or interests."
- "Financial sanctions should be proportionate and therefore severe enough to fulfil their purpose of inhibiting prohibited conduct. If they are merely symbolic, this may be read as an invitation to break the law, as the person committing the infraction may calculate that the benefits of violating a prohibition may be greater than the cost of the sanction. "
- "Crisis situations, including public health emergencies, must not be used as a pretext for rights infringements and the imposition of undue restrictions on public freedoms. In particular, blanket bans of assemblies are likely to constitute an unnecessary and disproportionate infringement of the right, even in emergency situations."
- "To ensure a transparent and fair financing system, and to avoid the possibility of circumventing relevant rules, both routine party funding and campaign finance must be addressed in legislation relevant to political parties and electoral campaigns in the same manner."
- "States should require political parties as well as independent candidates to keep records of all direct and in-kind contributions received in a campaign period. The law should set out precisely what kind of reporting is required, including the timeframe and method of public disclosure."
- "It is good practice to require the following reports: - Initial reports before the campaign begins, to ensure that accounts are properly opened (if applicable). Such reports should include the party or candidate’s bank account information and the name and function of the persons accountable for the party or candidate’s campaign finances; - Reports providing oversight bodies and the public with preliminary information on campaign incomes and expenses of parties and candidates several days before election day; - Final reports after the election and certification of results, to provide a complete and comprehensive account of all campaign financing. "
- "Sanctions should be applied against political parties found to be in violation of relevant laws and regulations and should be dissuasive in nature. Moreover, in addition to being enforceable, sanctions must at all times be objective, effective, and proportionate to the specific violation."
- "The obligations to promote the enjoyment of the right to freedom of opinion and expression require that States guarantee the transparency of all aspects of political and electoral processes, and should particularly put in place measures to: (a) Enact regulations requiring the submission of periodic financial reports by parties, political organizations and candidates, entailing full disclosure of all resources collected, in monetary form or in kind, and their origin, and all expenditure, in order to promote public scrutiny and informed voting by citizens. Political finance reporting should be comprehensive, timely, available to the public, and subject to stringent sanctions for inadequate disclosure or timeliness."
- "The way in which a particular electoral system is chosen is also extremely important in ensuring its overall legitimacy. A process in which most or all groups are included, including the electorate at large, is likely to result in significantly broader acceptance of the end result than a decision perceived as being motivated by partisan self-interest alone. Although partisan considerations are unavoidable when discussing the choice of electoral systems, broad cross-party and public support for any institution is crucial to its being accepted and respected."