Comparative Table on the Method of Nomination Of

Home , Ethnocracy, Nomination rules

Strasbourg, 10 March 2015 CDL(2015)009* Study/Etude No. 721/2013 Or. Bil.

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION)

COMMISSION EUROPEENNE POUR LA DEMOCRATIE PAR LE DROIT (COMMISSION DE VENISE)

COMPARATIVE TABLE

THE METHOD OF NOMINATION OF CANDIDATES WITHIN POLITICAL PARTIES ______

TABLEAU COMPARATIF

SUR

LA METHODE DE DESIGNATION DES CANDIDATS AU SEIN DES PARTIS POLITIQUES

REPLIES BY COUNTRY CONCERNING POLITICAL PARTIES REPONSES PAR PAYS CONCERNANT LES PARTIS POLITIQUES SUITE

*This document has been classified restricted on the date of issue. Unless the Venice Commission decides otherwise, it will be declassified a year after its issue according to the rules set up in Resolution CM/Res(2001)6 on access to Council of Europe documents. *Ce document a été classé en diffusion restreinte le jour de la diffusion. Sauf si la Commission de Venise en décide autrement, il sera déclassifié un an après sa publication en application des règles établies dans la Résolution CM/Res(2001)6 sur l'accès aux documents du Conseil de l'Europe. This document will not be distributed at the meeting. Please bring this copy. Ce document ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire. www.venice.coe.int CDL(2015)009 - 2 -

What rules must Can Electoral candidates follow to Management Bodies participate in an Specific Rules apply Method choosing At what moment are interfere in the internal nomination Are the internal when incumbents are candidates: What rights do candidates nominated Country process of choosing process? political party quotas involved? permanent or not minorities have within the political candidates within a Do political parties stricter than the ones Any limit on the from election to within parties? parties in view of political party if it is promote specific provided for by law? number of terms? election? future elections? unfair? activities to foster How could they do so? the participation of women in politics?

Les Administrations Pas de règles spéciales Le mécanisme de Rien n'est prévu Il n'y a aucune règle à Pas de quotas ni dans Très souvent ils le sont électorales ne peuvent pour les sortants. Il n'est désignation des dans les statuts suivre pour participer les statuts des partis ni juste avant la date limite pas interférer dans le pas prévu dans les candidats a vocation des partis pour les au processus de dans la loi. prévue par la loi pour le processus. statuts de limitation de de permanence. courants ou désignation interne. L'absence de quotas dépôt des candidatures. Andorra nombre de mandats minorités. Les partis dans la loi et dans les autre que celle légale de n'encouragent pas partis politiques n'a deux mandats d'activités spécifiques pas empêché que consécutifs pour le chef afin de favoriser la dans le Parlement du gouvernement et les participation des actuel, issu des maires des communes. femmes. dernières élections législatives de 2011, il y ait parité entre hommes et femmes (14 et 14). According to Article 110 There are a number of The legislatively Representatives of A person should meet If the question According to Article 127 of the RA Electoral Code specific rules which regulated method of the minorities, who the corresponding concerns gender of the RA Electoral Code the Central Electoral apply when incumbents choosing candidates correspond to the requirements for quotas or quotas for the registration Commission shall deny are involved. For is permanent and requirements of becoming a candidate national minorities, no. documents of registration of the example, according to can be changed only the law and prescribed by the RA candidates for a electoral list of a political Article 107 of the RA in the result of the become members legislation. National Assembly Armenia party or an alliance of Electoral Code: “1. amendments to the of political parties, In fact, parties promote deputy shall be political parties including Members of the legislation. have the same specific activities to submitted no earlier than in those cases, when the Constitutional Court, rights, as the other foster the participation 55 and no later than 45 submitted documents judges, prosecutors, members. of women in politics. days prior to the voting are incomplete or employees of the Police day. In accordance with falsified and the of the Republic of Article 152 the electoral list does not Armenia and the documents necessary meet the requirements National Security for registration of defined by Part 2 of Service of the Republic electoral lists for the Article 108 of this Code. of Armenia, servants of elections of Yerevan Moreover, the Central the Service for Council of Aldermen Electoral Commission Compulsory Execution shall be submitted to the shall deny the of Judicial Acts and the Central Electoral registration of a rescue, tax, and Commission no earlier candidate included in customs authorities, than 55 and no later - 3 - CDL(2015)009

the electoral list of a servants of penitentiary than 45 days prior to the political party if the institutions, as well as voting day. According to candidate does not have military servicemen may Article 97 the documents the right to be elected; not be nominated as a required for registering a or the documents candidate for a deputy candidate for the submitted about such to the National President of the candidate Assembly. Republic shall be are incomplete or Citizens of the Republic submitted to the Central falsified. of Armenia, which have Electoral Commission Armenia citizenship of another no earlier than 55 and continued state, may not be no later than 45 days nominated and prior to the voting day, registered as a etc. Hence, it is obvious candidate for a deputy that the process of to the National nomination of Assembly. candidates within 2. Employees of state political parties should government and local be finished prior to the self-government bodies mentioned time frames. and officials not subject to the restrictions prescribed by this Article shall be temporarily exempted from the performance of their work duties from the time of being registered as a candidate for a National Assembly deputy until the end of the pre- election campaign, with the exception of persons holding political positions”.

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According to Article 87, Part 2: “Candidates for the President of the Republic, with the exception of those holding political positions, shall be exempted from the performance of their work duties from the time of their registration as candidates till the summarization of the election results. Armenia Candidates for the Continued President of the Republic shall not have the right to use their official position for

gaining an advantage during the pre-election campaign”. According to Article 151, Part 2 members of the Constitutional Court, judges, prosecutors, employees of the Police

and the National Security Service of the Republic of Armenia, servants of the Service for Compulsory Execution of Judicial Acts, servants of rescue, tax, and

customs authorities, servants of penitentiary - 5 - CDL(2015)009

institutions, military servicemen, and members of electoral commissions may not

be nominated as candidates for a Armenia member of the Yerevan continued Council of Aldermen. What about the limit on the number of terms, it should be mentioned that Article 77, Part 2 of the Electoral Code prescribes that the same person may not be elected to the office of the President of the Republic for more than two consecutive terms. At the same time, it should be mentioned that there are no such limit concerning the elections of the deputies of the National Assembly. CDL(2015)009 - 6 -

No, they cannot, each There are no specific The method to Minorities have no For a candidate to No they are not, since The moment is just political party has its rules for a candidate choose the rights inside the participate in the the quotas may before the date indicated own rules and according who is actually candidates does not political parties, but internal nomination change depending on in the law to send the to the law of political incumbent in the post change from election the socialist party process, he/she must the political party or candidatures, and it is parties, it has a supreme that he/she is running to election; the only has established be affiliated to the electoral pact. decided by the central court with his own for and that may be innovation that was rights for women, political party for at leadership when calling Chile regional courts, so the involved in an unfair made was the law of indicating that least two months a convention or national internal process of procedure. The primaries, from 6 of none of the bodies before the date to meeting to choose the selection of candidates procedure follows the December of 2012. of the political party present candidates candidates. inside each political same rules for all, either This law makes should have over and must not have party is protected by the for the new candidates optional the 70% of one of the been affiliated to courts. Besides there is or the incumbents. procedure of primary genders another political party an ethic commission elections for the represented the within the last nine and an electoral political parties. final composition. months before that commission to supervise date. any anomaly inside the process. - 7 - CDL(2015)009

The Ministry of Same comment goes to Please refer to each Since there are no As to the question on what moment a candidate is Economic Affairs and the question regarding party regarding their rules for quotas in the nominated within the party, it the Interior is the specific rules for rules for minorities and electoral law, the depends on which party and is electoral body in incumbents. However, for which rules they Ministry cannot therefore an internal party Denmark. The Ministry please be informed that have in terms of answer the question matter. Generally the Parliamentary Act does not interfere in the there is only one party candidate participation regarding whether the of Denmark states that a person candidate selection of a represented at the in the internal who wants to stand in an internal quotas (if party, and therefore it is Folketing that has nomination process. used) are stricter. election must register as a party matter if the specific rules on term candidate in at least one nomination district, either as a process is deemed limits, which is candidate for a registered party unfair internally. Enhedslisten. or as an independent candidate. Denmark The candidate registration form must be submitted to the registration authorities not later than noon 11 days prior to election day. This time limit must be strictly observed – as is the case with all other time limits specified in the election law. Candidates who register as party candidates must have the approval from the party in question, which must be communicated to the State Authority no later than noon ten days prior to election day. Candidates who are not approved by the appropriate party may not stand in the election. Independent candidates have to submit between 150 and 200 recommendations in writing from voters resident in the nomination district along with the candidate registration form. CDL(2015)009 - 8 -

A person can be a candidate in more than one nomination district within a multi-member district (even in all the nomination districts), but a candidate cannot stand in more than one multi-member constituency. Denmark As soon as possible after the continued expiry of the closing dates mentioned above, the registration authority shall prepare lists of candidates nominated in the appropriate multimember constituency. Approximately eight days before election day, the registration authority will publish the lists of candidates in each of the ten multi-member constituencies

The Federal law There are no rules on The methods are – Die Linke: In party Rules to participate in SPD Under federal and state The German Social contains the following that issue in party due to relatively strict conventions, the an internal nomination Democrats (SPD) introduced law, there are specific rules: statutes. regulations – applied party’s youth process: a quota for women for all requirements For party nominations in permanently. organisation is Such activities would party offices and ballot lists in concerning the a constituency, the party represented by the have to be proposed 1988. The ballot list target appropriate moment. It was 25 percent by 1990, 33 nominations have to delegates with a by a member of the percent by 1994 and 40 is generally not earlier submitted to the specific quota (not constituency, or – percent by 1998. Under the than 15 weeks before “Kreiswahlleiter” more than 20) depending on the 40 percent rule, it is required the election. Germany that the ballot lists should be (persons managing the under § 16(1) and party – by a party zipped, with the option of election in one specific (7) organisation, e.g. the allocating every fifth place to constituency) under § 19 Bundessatzung. party leadership. someone of either sex. Both BWG. Specific programmes quotas (for party offices and for ballot lists) shall be The Kreiswahlleiter may to foster the temporary until 2013. accept the nomination participation of women The quota now requires the only if the nomination in politics lower party organisations to take steps to ensure a gender respects the The FDP offers quota of 40 % (according to § requirements possibilities for women 4 para. 1 WO) in parliament. established by the BWG to build up networks If the organisations do not and other statutory (by organizing a take those steps, women and men must be placed - 9 - CDL(2015)009

requirements (§ 26 para. “Ladies Lunch”); alternately on the state election list (“Landesliste”). 1 BWG). mentoring programme CDU for women, awards a The German Christian Nominations in a state prize for women Democratic Union (Christlich election list: Here the (“Bürgerinnenpreis”), Demokratische Union) amended its party statutes in “Landeswahlausschuss” and organizes training 1996 so as to establish a (board of persons progammes for flexible ‘quorum’ of 1/3 for managing the election in women party offices and ballot lists. That scheme foresees that one state) accepts a All other parties, internal party elections to state election list only if except for the FDP offices must in the first round the list accords with the apply gender quotas in result in the award of 1/3 of Germany BWG and other various forms (see the positions to female continued candidates; otherwise a statutory requirements infra). Additionally, second round must take (§ 28 para. 1 BWG). their party sub- place. The outcome of the organisations promote second round is valid

Legal obligations of the the participation of independent of the number of women elected. gate-keepers: §§ 26 and women in politics. In detail: At least one third of 28 BWG do not oblige Examples: members of parliament shall the responsible actors to In the CDU, the sub- be women (§ 15 para. 2 Organisationsstatut). In an scrutinize whether a organisation “Frauen election list, at least one out proposal is in conformity Union” (women’s of three candidates shall be a with the party statute or union) promotes, inter woman (§ 15 para. 5 with the provisions in the alia, female Organisationsstatut). If the proposing committee fails to German Civil Code participation in politics. achieve this allocation, the (Bürgerliches In the SPD, there is an committee is obliged to justify Gesetzbuch, BGB). Still, Arbeitsgemeinschaft this failure before the conference of delegates/ if there are clues sozialdemokratischer members who nominate the regarding a possible Frauen (woring group candidates (§ 15 para. 5 violation of constitutional of social democratic Organisationsstatut). The rule women). applies (by analogy, by law (e.g. of Art. 38 of the repetiotino in the statute or by Grundgesetz) the reference) to the party’s state Kreiswahlleiter must associations

examine those clues. If (Landesverbände) as well. Grüne he finds a violation, he The Green Party started in must refuse the 1986 with a 50 percent quota for all ballot lists to party- CDL(2015)009 - 10 -

nominations. internal and parliamentary elections. § 1 Frauenstatut requires that women and men are at least alternately placed on state election lists (women are placed on the uneven numbered spots of the list, but can be placed on the even numbered spots as well) According to § 11 para. 5 and § 4 Bundessatzung, women (the majority of women in a conference of delegates) have a veto power if no woman can be placed on an electoral list’s position reserved for women concerning the following procedure Germany FDP continued The liberal party opposes quota regulations. it does not accept any quota; but runs programmes to increase the participation and representation of women. The party is hard-pressed to demonstrate that equal representation can be achieved without a straightjacket. The German Liberal Party (FDP), for instance, took aggressive measures to increase female participation. See the resolution of the federal board of the party of 6 November 2006 and the article on the party’s online-portal: ‘Auch ohne Frauenquote kann sich die FDP auf 50 Prozent Frauenpower stützen’ (‘Even without quota, the FDP can rely on 50 percent women power’) of 12 January 2007. - 11 - CDL(2015)009

Linke Under § 10 para. 5 Bundessatzung, a gender quota of 50 % shall be achieved; lists of proposed candidates must have women either on the first or the second place and afterwards on all uneven numbered spots of the proposed list Under § 6 paras. 1, 2 WO Die Linke, there are generally two rounds of voting; the first shall satisfy the gender quota requirements and in the second, the remaining spots on the electoral list will be Germany elected Legal Assessment of Political continued Parties’ Internal Quotas The lawfulness and constitutional propriety of those party-internal quotas have been questioned. It has been argued that such quotas are not compatible with § 21 para. 3 Sentence 2 BWG, which states that each single member or delegate has a right of proposal. The argument of the critics is that an alternation (a zipper scheme) violates that right of proposal. In contrast, a German Arbitral Tribunal found that the curtailment of male candidates’ rights, who were prevented by a political party’s zipping scheme to figure on reserved listing slots, was justified by the German Constitution’s mandate to realize substantial equality of the CDL(2015)009 - 12 -

sexes (Article 3, Section 2 German Basic Law). It is submitted here that party- internal quota schemes are in conformity with Art. 21 GG and with statutory law. With regard to a potential discrimination of male politicians, special considerations play for those quotas which have not been introduced by law, but which are entrenched in statutes or charters of political parties only. The Beijing Platform for Action specifically addressed the political parties besides the governments, and asked them to take measures to ensure women’s equal access to and full participation in power structures and decision- making. Likewise, the Germany CEDAW Committee continued encouraged political parties to ‘ensure that women have an equal opportunity in practice to serve as party officials and to be nominated as candidate for election’ and mentioned ‘setting aside for women a certain minimum or percentage of positions on Party executive bodies.’ Political parties are not state actors, but private associations. While they are an indispensable part of the political process and therefore to some extent perform a public function, the gist of a liberal party democracy is that the parties are independent from government. This private character of the political - 13 - CDL(2015)009

parties is legally relevant for the balancing process which determines whether there is unfair discrimination of male candidates in two respects. First, the political parties themselves enjoy the right of association and of free speech. Second and on the other hand, in the absence of a horizontal effect of fundamental rights, private associations are not directly bound to observe the constitutional fundamental rights of burdened male Germany members. Thirdly, the burden continued placed on men by internal party quotas can be justified by the affected men’s consent. CDL(2015)009 - 14 -

Selection of candidates is No, there are no specific The party rules are The parties do not 'The internal See previous answers. There are no fixed rules not subject to interference rules. fixed but may be deal specifically nomination rules will except that they must be from anybody outside the changed according with these matters. vary as between the nominated prior to the party – with the possible to the terms of the constitutions of election within time limits exception of the courts if party’s constitution different parties. There for receipt of circumstances arise which and rules. are no statutory nominations of make a matter justiciable. provisions for that but candidates set in See above however rules the effect of the 2012 legislation. in relation to quotas for Act about gender women candidates which are as follows: The quotas, mentioned Ireland Electoral (Amendment) above, will change (Political Funding) Act party practice. 2012 section 42 provides for a gender quota for candidates for future general elections. No general election has yet taken place. This new law requires parties to run at least 30% women candidates and 30% men in the next general election or lose half of the State funding they would receive under the Electoral Act 1997.This threshold will raise to 40% in subsequent general elections.

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Rules concerning the In recent times some No reply available No reply available No reply available No reply available No reply available contestation of the parties are introducing decisions of the political rules concerning the parties before a Court incumbent members of Italy are missing, while it is the Parliament and the possible a review of establishment of a limit them by internal on the number of the management bodies. terms. CDL(2015)009 - 16 -

No. Electoral There are no rules in the As indicated above, There appears to be As a general rule, parties There are no quotas. There are no specific management bodies statutes regarding the the parties no particular require the candidates to rules set down by any of cannot interfere in the incumbents (thus there themselves are regulation with regard correspond to the the surveyed parties. process of choosing is no limit on the number responsible for to minority rights. minimum legal Usually candidates are Representatives of requirements. nominated at the last candidates within a of terms). choosing the method the minorities have Only some parties have political party if the for selecting and moment – shortly before the same rights as formulated rules which the candidate list is Latvia process is deemed to be ranking candidates. any other member candidates must follow to submitted to the Central unfair. Some parties (such according to the participate in an internal Election Commission. as the “Vienot ība”) statutes of a party. nomination process. One According to the law, the come up with a new party has declared that the person can be lists of candidates for set of guidelines parliamentary elections tailored to the nominated only if he/she has paid the annual have to be submitted to requirements of each membership fee and if the Central Election election, while others he/she is the party Commission at the latest appear to proceed in member at least one 60 days prior to ordinary the same fashion for year. Another party has parliamentary elections or each election. stated that the person 30 days prior to As it is internal can be nominated only by extraordinary elections. business of the party, five party members. For the elections of the it can change from Some parties state that European Parliament the candidate has to be a election to election, if lists have to be submitted member of the party for at the latest 65 days prior a party takes such more than a year. to the elections. For decision. None of the parties promotes specific municipal elections the activities to foster the final deadline is 40 days. participation of women in politics. - 17 - CDL(2015)009

The electoral law states that the The party regulation does The party regulation The party regulation Basically, the party The party regulation is Although the party regulation internal affairs of the concerns not establish rules for does not establish establishes the regulation establishes a consistent with the Political stipulates a series of concerning Electoral Matters, possibility for members Constitution of the United incumbents; they are that a selection specific regulation for procedures for the nomination under the guarantee of trial for considered to be to organize themselves women and youth Mexican States and the of candidates for popularly- the political parties, such as the method for in homogenous groups Federal Code of Electoral elected posts, the stages that procedures and requirements responsible for the within the party on the organizations, as well as selection process and, candidates for the creation of schools, Institutions and need to be exhausted are for the selection of their pre- grounds of function, Procedures, where it is similar independently of the candidates and candidates for therefore, cannot popularly-elected profession, activity, age, training institutes, and fixed that the registers of type of procedure. Examples popularly-elected posts, should participate in the process posts should be or other similar establishments dedicated candidates for election to include the issuance of the be resolved by the authorities as such. This does not favored. Rather, in characteristics. Likewise, to the study and delivery established in their regulations. within its structure parliament and the senate convocation, the apply if they previously accordance with the of specialized courses. should be made up of at requirements for being a pre- These authorities should leave their post and comply diverse movements such The party schools, Mexico resolve matters in a timely decisions taken by as that of women, youth, least 40% of candidates of candidate, the method of fashion in order to guarantee with what is established in the leadership, the indigenous, sexual institutes, and the same gender, to ensure election (convention or the rights of the members. Once the call for nominations party adopts the diversity, entrepreneurs, establishments are gender parity. Although election), the voting the aforementioned party established to that effect. and others, are permanent organs of the there is no regulation that procedure, and the means of defense are Especially, members of the convention or recognized as national political party whose main requires that the subsequent stages until the exhausted, the members rely on authority responsible for elections method, organizations. function is to provide candidature has to be declaration of validity of the the right to turn to the conducting the selection either with the In order to become a members, affiliates and made up of persons of the election and the delivery of corresponding judicial instance. process are prohibited from participation of current of thought or sympathizers with political two genders, the Mexican certainty to the winner. In light of the above, when it adherent organization, it electoral jurisprudence has Nevertheless, these internal concerns the procedures of participating in any members or open to is required to comply and ideological ruled that said formulas processes are only valid candidate selection for procedure for candidate with certain conditions, education. Among its the general public. have to be made up of within the political parties and popularly-elected posts by the nominations for posts Exceptionally, the such as: powers is a system of political parties, the electoral appointed by popular • Have a minimum of recognition and persons of the different are subject to be contested nomination can be genders. before the jurisdictional administrative authority does election. members in the entire promotion with Nevertheless, every instance than can confirm, not have the right to intervene in made by direct country and a governing educational validity within said procedures. Still, if evident political party can carry out revoke or modify them. designation by the body of a national the party as well as injustices occur – leadership and in the nature. affirmative actions in favor Hence, it should be noted that disproportionate or unfair – • Be duly integrated by criteria for eligibility to be of certain groups, such as a person is duly nominated as independently of whether the cases previously party members. a candidature for publicly- indigenous, youth, women, candidate to popularly-elected conflicts that result from said established in the • Present the registration elected posts. or sexually diverse posts only until the political procedures occur in the phase regulations and in application in writing to There are also programs provided that the actions do party conducts his/her of preparation, development or the national the corresponding of citizen improvement not violate the provisions of registration to the electoral conclusion, it is fitting to resolve management body, in dedicated to the the basic rule regarding the administrative authority, in them in first place through the call for nominations. which it defines an promotion and principle of gender equality. accordance with the means of defense within the ideological stance and a requirements of mode, time party. Once such means are political platform as well recognition of the virtues exhausted, the applicant should as the slogan and and values that contribute and place, provided in the turn to the electoral judicial emblem by which it will to the human electoral law. instance, specifically through be identified. improvement founded in trial for the protection of the • Comply with the joint principles and to the political-electoral rights of the signatures of a minimum encouragement of all citizen. of 3% of the national popular protests that delegates of the party. move society. To that end, they propose to connect with educational society.

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Nevertheless, it has been a The support of the party and investigational jurisdictional standard that for said organizations centers in the country and political parties have as an consists in: abroad, in order to obtain objective, among others, to • Contribute to the support and advice on the enable the citizens’ access to realization of shared various themes of interest the exercise of the public power. objectives; Hence, they should run their • Support vindication for society. activities through legal channels disputes and coordinate For its part, the party and establish in their regulations its participation in regulation establishes a the democratic nomination of supporting actions for citizen council dedicated their candidates. In this sense, the governments arising to the women´s the decisions related to the out of the party. movement as an advisory selection of party candidates • Promote through can be challenged by the democratic procedures body made up in a members when the said its members for pluralist manner by decisions point to their partisan popularly-elected posts, women with a recognized Mexico rights being affected. So, it is of assessing their career in their respective continued juridical interest to uphold said ideological conviction, areas of work. The quality by challenging these active membership, and objective of this body is to decisions, independently of that party work. contribute to the design they assist the reason regarding the background of the dispute. The organizations have and definition of the As it has been indicated, the the following rights: program of activities in Political Constitution of the • Represent the sectorial the national area, as well United Mexican States structure in assemblies, as to complete studies, establishes that the Electoral political boards, and analyses, outreach Tribunal of the Federal Judiciary convention, in proportion efforts, and proposals on has the authority to rule on to the number of the subject of women. challenged acts and resolutions individual members that are considered to violate affiliated with the party. Overall, there are the political and electoral rights • Nominate candidates institutes for training and of the citizens to vote, be for popular political development that elected and take part in the representation posts in form party instances political matters of the country, the internal processes of responsible for the through free and peaceful the party, and through ideological and political participation. According to the the organizations that formation of its members, Constitution, citizens can turn to group them; and the jurisdiction of the Electoral • Participate in the based on the party´s Tribunal with regard to election of leaders and ideological platforms,

violations of their rights candidates. plans and programs. committed by the political party that they are members of. However, the instances within the party should be exhausted beforehand. - 19 - CDL(2015)009

The organizations have the following obligations: • Contribute to the party registry. • Publish a review in which their proposals and positions regarding national and party politics are set out. • Take part in the debates and discussion forums that the national Mexico management organ continued schedules and disseminates. • Suggest party members to serve as representatives and activists in the constitutional electoral processes. • Promote the individual affiliation of their members with the party and keep an updated register of the same. • Train their members with the assistance of the different party training institutes. • Comply with and disseminate with vitality the party principles. • Cover their financial contributions. • Renew their registries every three years. • Produce a financial report in which they consider revenues and expenditures. CDL(2015)009 - 20 -

The party regulation establishes various regulations referring mainly to the organization of women and youth.

Regarding women, it states that they become members of a national and inclusive organization which has juridical personality, its Mexico own patrimony, technical continued autonomy and a budget allocated by the party for its functioning and national representation. The party commits, with the women, to: • Encourage the development of women in order for them to accede to leadership positions and popularly- elected posts. • Provide political and ideological training in order to promote their political development. • Respect the affirmative actions adopted for the creation of bigger and better opportunities for the exercise of their political rights. • Guarantee the participation of women at the percentage established in the law regarding candidate nomination.

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Regarding the organization of youth, it has the following aims: • Connect with a critical and assertive approach to the struggle of the party. • Guarantee the public policies that attend to the Mexico demands of the youth. continued • Gain access to leadership positions and popularly-elected posts. • Promote the tasks of the party´s political and electoral activism. • Support the party´s political-electoral campaigns. • Promote the incorporation of a bigger number of young persons in the party. • Promote the social service by the youth that provides support to the population.

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No No As the candidates None. There is no formal There are no internal The law does not establish are selected on the internal nomination quotas. the moment of nomination basis of ad hoc process. of candidates within the procedures and Political parties political parties. However, the electoral code is criteria, methods promote activities to interpreted in the sense that Moldova cannot be compared. foster the participation it applies also to the of women in politics process of nomination of only very rarely (if candidates within political any). parties. Article 41 par. (1) of the Electoral Code provide that for parliamentary elections the process for nomination of candidates starts 60 days before election day and ends 30 days before election day. In the case of electoral blocs, candidates will be nominated within 15 days period from the date of establishment of the electoral bloc, and if the electoral bloc is established before the start of the electoral period, within 15 days from the start of this period. For the local elections candidates are nominated after the establishment of constituencies and electoral councils.

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The main electoral Neither the Constitution The method of According to the Article 3 Answer to this As presented in the Answer to this question of the LPP, political management body, i.e. generally, nor the choosing candidates parties can themselves question depends answer number (6), depends exclusively on the Republic Electoral positive statutory rests within the be organized to solely on the most of the main the practical assessment Commission cannot framework in particular, scope of jurisdiction represent legitimate assessment of (parliamentary) of political parties’ interfere in the process provide for regulating of political parties, interests of national respective party political parties provide leadership, as well as on minorities. Several of selection of legal status of political parties have particular bodies. by their intern the electoral calendar for candidates. The bodies aiming at documents only vague incumbents for the organizations, and national (parliamentary Commission’s parliamentary elections, groups of citizens protection of minorities rules for or presidential), jurisdiction extends no elections for (with the exception of within their own party representation of the provincial or municipal organizational structure. longer than verifying autonomous province’s respecting the The SNS has a underrepresented elections. mandates of newly parliament, or the statutory particular party council (minority) groups, to elected MPs, according municipal representative requirements for dedicated to the be determined more protection of national to the Article 27.3 of the bodies. There is no limit representation of minorities (Art. 102 of the closely by the LEMP. However, article on the number of terms underrepresented Statute). presidency or central 34.1.11 authorizes the for the position in groups). Therefore, it Representatives of committee of each minority groups and Serbia Commission to representative bodies at is not possible to communities may party. determine whether any level. However, any state whether the (without the right to vote) The DS follows, in electoral lists are person elected to the method of be present at the Article 26.6 of the composed in position of the president candidates’ selection sessions of the Central Statute, the Committee of the DS, accordance with the law. of the Republic cannot is temporary or when this body is requirement set by The Commission, as occupy this position for permanent. discussing matters that Article 40a.1 of the well, has the duty to more than two terms bear significance for the LEMP (but not status of the minority in reject the submission of (Art. 116.3 of the question (Art. 35.4.2 of completely, because the list that does not Constitution). The the Statute). According the DS Statute provide comply with the statutory Constitution itself does to Article 62.4 of the for 30 percent of the requirement for inclusion not specify whether this Statute of the SPS, the underrepresented election of candidates to of the underrepresented applies only to two the party’s bodies will gender in the electoral gender into electoral consecutive terms, or take into consideration list, while the LEMP lists (Art. 40a.3), or any not. the appropriate sets that minimum at representation of other statutory national minorities. 33 percent). Statute of requirements (Art. 46.3). Any member of the DS SPS (Article 62) sets who does not agree with even lower quota for decisions of a party the underrepresented majority have right to retain and defend his/her gender (namely, political attitude within “women”) to be the party structures, with CDL(2015)009 - 24 -

no legal consequences present on the for that (Article 21.1-2 of the Statute). According electoral list (20 to Article 11 of the percent). Still, the DS’ Statute of the SPS, Statute (in the same members of this party Article) re-quires that whose propositions are not accepted by the 10 percent of younger majority within the party, members must also be

are forbidden to present on the list, represent their own attitudes publicly as the while the law does not Serbia take this social group Continued attitude of the party and are explicitly forbidden into strict consideration from manifesting publicly for the electoral their individual attitudes which had been rejected purposes. The same by the party majority. goes with the Statute Members of the party of SPS (Article 62), bodies cannot discuss requiring at least 20 publicly the decisions of party’s bodies. Similar percent of younger dispositions are held in members to be put on

the Article 13 of the the electoral list. Statute of the Serb Renewal Movement (SPO) of 2011. On the other hand, according to Article 16 of the Statute of the LDP, its members who disagree with the majority position have right to defend and further publicize their positions, within or without the party. They cannot be held ac- countable for it. Members of the URS, in accordance with Article 9 of the Statute, are free to hold and defend their minority attitudes only within the party’s bodies. Any member of DSS shall be entitled to participate in the - 25 - CDL(2015)009

activities of the Party, to elect and be elected to its authority and, while participating in the work of the Party, express opinions and take positions on the discussed issues without Serbia any consequence. continued (Article 4 of the Statute). CDL(2015)009 - 26 -

No, they can’t because No, there is not a limit There are some Minority rights as well In some parties the In some parties quotas the selection process is on the number of terms principles in internal as their protection nomination process de are wider, in others an internal party matter. set by specific rules. party acts (Statuts), and inclusion in jure is much “opened”. they match those set

but they are very decision making Candidates are in the law, and in process are important general and flexible, issues in party nominated by local some of them, “the leaving space for programmes. But, all party organisations, or especially those with former leader’s interference parties are lacking by certain number of ethnic orientation they Yugoslav and discretionary tendencies and supporters, and then are stricter. Republic solutions. factions, including elected by delegates of those of minorities, i. at party conventions. Macedonia” e. communities as we But, delegates are name them in the under strong influence Constitution. Almost all ethnicities of the leadership, in Macedonia have whose confidence they established their enjoy. Lacking ethnic parties, and in primaries based on their programmes the “one member-one “ethnic causa” is the vote” principle, as well most important issue. as strict and clear Indeed, there are written rules on civic parties with colourful ethnic nomination, the structure but the discretionary ethnic cleavage is “principles” are the one of the basic most important. ones. Thus, Yes, they do, democracy in especially those which Macedonia is under are members of the strong threat of European party- ethnocracy and demos are families with similar threatened by ethnos. ideology.

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According to clause 9, part 1, Ukrainian legislation Ukrainian electoral Membership in a The Law of Ukraine Political parties have Electoral legislation article 17, the law of Ukraine “About the Central electoral provides for the legislation regulates party assumes the "On ensuring equal no quotas. Actually, does not provide any Committee”, The Central impossibility of the procedure for obligation to follow rights and the priority is given to terms for intraparty electoral Committee controls combining nomination of all the opportunities for the most famous and nomination of the abidance of the legislative representative mandate candidates by requirements of women and men" of popular candidates in candidates; these demands concerning elections and referendum by the political with other work. political parties (see Party regulations September 8, 2005 the region. requirements are not parties and other subjects of the Besides, the law the answer to the (rules) and support contains a normative covered by the party electoral process and the provides for the inability first question of the the realization of statement that the rules and they are Ukraine referendum. Clause 3 part 2, article 25, clause 26, part 5, to misuse of Questionnaire), but the party program. political parties determined on the basis article 25 of the law of Ukraine administrative resources the actual selection Basically these nominating candidates of the nomination term “On election of deputies of the that requires individuals procedure (selection) issues are should include male of candidates provided Verkhovna Rada of the who at the time of of candidates within regulated by and female by the applicable law. Autonomous Republic of Crimea, local councils, town, nomination or selection a political party for statutory representatives in the settlement, and village heads” are already carriers of the nomination of documents of the electoral lists. The procedure of entrust the electoral committee the relevant their candidates is parties. Enforcement of these nomination for elective of the Autonomous Republic of Crimea, the provincial and parliamentary mandate not clearly regulated. requirements of the offices in Ukraine regional territorial electoral or hold elective office is In this respect such law rests on the stipulates the following committee to implement the not appropriate to issue is the electoral commissions. terms: control of maintenance and the combine this post with prerogative of the In this case Article 24 right application of the legislation about the local the balloting. supreme body of a of the Law mentioned Nomination of elections in the part concerning party. above provides that candidates for the the elections to the Verkhovna persons guilty in position of the President Rada of the Autonomous Republic of Crimea, the regional violating the Law of Ukraine by the parties and provincial councils, the concerning equal (blocs) and self- electors, the committees of rights and promotion commences election, the local bodies of opportunities for eighty nine days and executive government and the institutions of local government, women and men, bear ends seventy one day its officials and public civil, administrative before the election day individuals, enterprises, and criminal liability in (Article 44 of the Law of institutions and organizations (irrespective of the form of accordance with the Ukraine on "Election of property), by their officials, by law. It should be the President of local parties organizations, their noted, that the scheme Ukraine"); representatives and authorized of Law of Ukraine “On persons as candidates of the respective council, their agents, amendments in some Nomination of official observers, and on the legislative acts of candidates for people’s urban, district, territorial election CDL(2015)009 - 28 -

committee to conduct within the Ukraine about deputies of Ukraine by respective administrative- territorial unit of control over improvement of parties commences observance and the same legislation issues as to ninety and ends seventy application of the law about the elections” (registration nine days before the local elections in respect of number 3396 of election (Article 52 of the elections and on the city and district in the city council, the 06.11.2013 ), which Law of Ukraine "On voters, the precinct election was passed in Election of the People’s commissions, local executive Parliament and is Deputies of Ukraine"); authorities and local self- government, their officials and currently to be signed self- nomination occurs officers, enterprises, institutions by President of by submitting a Ukraine and organizations (irrespective Ukraine, provides that candidate’s statement continued of their ownership) by their rules (regulations) of about self-nomination, officials, local parties political parties should dated the day of organization - subjects of the electoral process, by their contain the statements submission of the

representatives and authorized about quotas, documents for persons as candidates for deputies of the respective determining the registration as a council, their authorized minimum level of candidate for people's persons, official observers. representation of deputy of Ukraine to the In fact, the rules of these women and men in the Central Election legislative acts, the norms of the Law of Ukraine “On the Election electoral list of Commission seventy- of the President of Ukraine” and candidates for five days before the the Law of Ukraine “On the people's deputies from election (Article 55, part Election of People's Deputies of party in the state 2 of Article 59 of the Law Ukraine”, establishes the requirements to be satisfied by district, but it should of Ukraine "On Election the person for recognition of not be less than 30 % of the People's Deputies his/her right to be elected, and of the total candidates of Ukraine "); regulates the procedure for nomination of candidates for of the electoral list. political parties elections. Nomination of At the same time Articles 14 – candidates for deputies 17 of the Law of Ukraine "On the Central Election for the post of town, settlement, village heads Commission" says that voters, election commissions, in a multi, single- referendum commissions, and mandate constituency other entities referendum electoral processes, public commences 34 days authorities, local authorities, before and ends 28 associations of citizens, days before local enterprises, institutions and elections and - 29 - CDL(2015)009

organizations irrespective of nomination of their ownership, foreigners and stateless persons, as well as candidates for deputies in single-mandate the governments of foreign countries, international majoritarian election

organizations have the right to district commences 30 apply to the Commission with appeals on matters, relating to days and ends 26 days the powers of the Commission before the election day in the manner prescribed by this (Article 35 of the Law of Law, the Law of Ukraine "On Ukraine “On Election of citizens" and other laws of Ukraine. The appeal may be the Deputies of the filed as a separate entity Verkhovna Rada of the (individual) or by a group of Autonomous Republic of persons (collective). Ukraine In addition the law gives the Crimea, local councils continued Central Election Commission and town, settlement the right to consider specific and village heads”). issues on their own initiative. So, if the Commission becomes aware of the violation of Ukrainian legislation on elections and referenda, electoral rights of Ukrainian citizens and the right to participate in the referendum on the results of its audits or from the media or other sources which do not contradict the legislation of Ukraine, the Commission is empowered to consider on its own initiative issues relating to its competence, and make a decision on the matter according to this Law. The Commission on the results of generalization of the practice of law of Ukraine on elections and referenda and practice of holding elections and referenda in Ukraine and, if necessary, can consider and adopt on its own initiative on the established order by this Law decisions CDL(2015)009 - 30 -

regarding: 1) Providing explanations and recommendations for use of the Ukrainian legislation on elections and referenda to election commissions, referendum commissions; 2) Preparation and organization of elections and referenda; 3) Organization of electoral Ukraine commissions and commissions on referenda; continued 4) Preparation of proposals for the improvement of Ukrainian legislation on elections and referenda; 5) Other matters related to the powers of the Commission