Electoral law

The European Commission for Democracy through Law, or Venice Commission, is the Council of Europe’s advisory body on constitutional matters. It gives legal opinions on the development and operation of democratic institutions and constitutional law. The Venice Commission’s work is aimed at upholding the three underlying principles of Europe’s constitutional heritage: democracy, human rights and the rule of law. Since its inception, the Venice Commission has been particularly active in the field of elections, the cornerstone of democracy. This book is a compilation of the main Venice Commission texts dealing in general terms with elections and referendums. First come the reference documents: the Code of Good Practice in Electoral Matters and the Code of Good Practice on Referendums. These are followed by a judicious selection of general studies on such fundamental topics as recurrent challenges and problematic issues in electoral law in Europe, election systems, the representation of national minorities on elected bodies – through the application of general rules and specific measures – and a comparison of the legal rules on referendums in European states. This book is intended not only for election specialists (members of electoral commissions, academics etc) but also for observers, politicians and, more generally, any member of the electorate.

General introduction Part 1 – Elections Code of good practice in electoral matters – Guidelines and explanatory report Introduction Guidelines on elections I. Principles of Europe’s electoral heritage II. Conditions for implementing these principles Explanatory report I. The underlying principles of Europe’s electoral heritage II. Conditions for implementing these principles Conclusion Interpretative Declaration on the Stability of the Electoral Law Declaration on Women’s Participation in Elections Study on electoral law and national minorities Introduction I. Rules specifically providing for representation of minorities II. The influence of electoral systems on the representation of political groups – What kind of general rules? III. The effects of electoral systems on the representation of minorities IV. Constituencies and the representation of minorities V. Debate on the electoral system and national minorities Conclusion Questionnaire on participation of members of minorities in public life Synopsis of replies to the questionnaire on participation of members of minorities in public life Report on electoral rules and affirmative action for national minorities’ participation in the decision-making process in European countries Introduction I. Affirmative action II. Affirmative action and electoral rules Conclusion Appendix: Electoral law and national minorities Report on electoral law and electoral administration in Europe – Synthesis study on recurrent challenges and problematic issues I. Introduction II. General remarks III. The electoral administration structure IV. The right to vote, and voter registration V. The right to stand for election, and the registration of election subjects VI. Election campaign VII. The role of the media in election campaigns VIII. Election observation IX. Election day – The polling stations X. Voter identification and voting procedures XI. Vote count and the announcement of provisional results XII. Election appeals and accountability for electoral violations XIII. Final results and the electoral system XIV. Conclusion Appendix I: Opinions and recommendations of the Venice Commission Appendix II: Reports and other documents of the Venice Commission Appendix III: Reports of the Congress of Local and Regional Authorities of the Council of Europe Appendix IV: Documents of the Parliamentary Assembly of the Council of Europe Appendix V: Reports by the OSCE/ODIHR Appendix VI: Further publications Report on electoral systems – Overview of available solutions and selection criteria Introduction Part One – Electoral systems on offer Part Two – Criteria for selecting a particular election system and the implications of that choice Conclusion Table summarising the three historical models Part 2 – Referendums Code of good practice on referendums Introduction Guidelines on the holding of referendums I. Referendums and Europe’s electoral heritage II. Conditions for implementing these principles III. Specific rules Explanatory memorandum General remarks I. Referendums and Europe’s electoral heritage II. Conditions for implementing these principles III. Specific rules Referendums in Europe – An analysis of the legal rules in European states Introduction General comments I. National referendums II. Local and regional referendums III. The future of referendums Conclusion