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MEDIA RELEASE |
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Communications |
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Ref. DC 285(2023) Venice Commission: new opinion on amendments to the election code and to the rules of procedure of the Parliament of Georgia published Strasbourg, 19.12.2023 – The Venice Commission, in the new opinion prepared together with the OSCE Office for Democratic Institutions and Human Rights (ODIHR), says that the current amendments to the election code and the rules of procedure of the Parliament of Georgia concerning composition of the Central Election Commission and the election of its (non-partisan) members and the Chairperson are a step in the right direction but need to be further developed, and other long-standing recommendations must be addressed. The opinion was requested by the Speaker of the Parliament of Georgia on 22 September 2023, in the context of Georgia’s application for EU candidate status and its efforts to address the 12 priority recommendations provided by the European Commission. “The frequency of amendments to the electoral legislation of Georgia in recent years is striking”, the Opinion says. Following a political agreement of 19 April 2021 between the majority and several opposition parties, significant amendments – concerning inter alia the composition of the Central Election Commission – had been implemented in 2021 which were in principle welcomed by the Venice Commission and ODIHR. In the meantime, a series of further amendments have been adopted which moved away from this broad political agreement. The current draft amendments, in the view of the Venice Commission and ODIHR, are a step in the right direction but need to be further developed. The draft amendments on the election code only concern the composition of the Central Election Commission (CEC) and the election of its non-partisan members and Chairperson. They are “complicated and rather confusing”, the opinion reads. Contrary to preceding reforms of 2022 and 2023, the current draft amendments were prepared in a rapid process on the initiative of the ruling party, apparently without much consultation with relevant stakeholders. The timing of the current reform is certainly not ideal, as it would be adopted less than one year before an election scheduled for October 2024. The Venice Commission and ODIHR acknowledge the aim to eliminate at least some of the shortcomings ahead of the election, but regret that several outstanding recommendations have still not been followed. Frequent amendments risk confusing voters, parties and candidates, and make it difficult for the competent electoral authorities to apply the law. A more comprehensive reform could prevent such risks and provide the opportunity for a more structured and clear process. On the other hand, it must be acknowledged that the adoption process was suspended after the first reading in Parliament so that the conclusions of the Joint Opinion can be taken into account. It should also be acknowledged that the reform would at least partly serve to comply with the standards of the European electoral heritage and to implement previous recommendations by the Venice Commission and ODIHR. The Venice Commission and ODIHR recommend, inter alia: · Changing the draft amendments to ensure that consensus on the appointment/election of the non-partisan members and Chairperson of the CEC is sought; this might imply requiring a 2/3 parliamentary majority in the first place and, in any case, an anti-deadlock mechanism which favours qualified majorities, before possibly resorting to simple (or absolute) majorities as an ultimate deadlock resolution; · Considering lengthening the proposed limited timing between the different stages of the anti-deadlock mechanism; · Modifying the draft amendments with respect to the term of office of the non-partisan members and Chairperson of the CEC, to ensure that appointments made on the basis of the anti-deadlock mechanism are significantly limited in time and cannot be prolonged; · Transferring the authority to nominate non-partisan members and Chairperson of the Central Election Commission back from the Speaker of Parliament to the President of Georgia. The Venice Commission and ODIHR furthermore reiterate their previous recommendations relating to the composition of election commissions, namely ensuring higher credentials for CEC members; ensuring the transparent and merit-based formation of the Selection Commission and nomination process for CEC non-partisan members and Chairperson; setting out the grounds on which party-nominated members may be removed; strengthening the recruitment, and selection process for members of the lower-level election bodies (District Election Commissions and Precinct Election Commissions, etc. The joint Opinion along with two others, one concerning the Special Investigation Service and Personal Data Protection, and another concerning the Anti-Corruption Bureau were prepared under the Quick Response Mechanism (QRM) in the framework of the EU/CoE joint programme Partnership for Good Governance, co-funded by the Council of Europe and the European Union and implemented by the Council of Europe. |
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Press Contact |
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Tatiana Baeva, Spokesperson/Media officer, Tel. +33 6 85 11 54 93 |
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Council of Europe, Media Assistance Unit |
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