Electoral law

Abstract

In the context of its task of promoting democracy through law, the European Commission for Democracy through Law (Venice Commission) has, since it was first set up, been confronted with the most important democratic issue of all, the holding of free and fair elections. As a body with expertise in constitutional matters, it has therefore studied the electoral legislation of numerous states, intervening where possible at the drafting stage so as to make it easier for account to be taken of its recommendations. The Venice Commission’s opinions are based on the European electoral heritage, in other words the standards recognised in our continent. Its task is to draft guidelines and prepare studies1 and it has, accordingly, defined the European electoral heritage increasingly precisely and made a comparative study of topical, and sometimes burning, electoral law issues in the various countries. This publication makes the Venice Commission’s main guidelines and studies concerning electoral matters more accessible by combining them in a single volume. The reference instrument is the code of good practice in electoral matters, which sets out the fundamental standards of the European electoral heritage, as approved not only by the Venice Commission but also, more particularly, by the Parliamentary Assembly, the Congress, and the Committee of Ministers of the Council of Europe in a solemn declaration adopted at ministerial level. The code clearly defines the classic constitutional principles of electoral law: universal, equal, free, secret and direct suffrage, as well as the frequency of elections, but also framework conditions necessary for the organisation of proper elections, for example respect for human rights, the stability of electoral law and procedural safeguards such as the organisation of elections by an impartial body and an effective appeal and observation system. It is accompanied by two interpretative declarations on points that have been the subject of heated discussion (the stability of electoral law and women’s participation in elections).