Comparative Table on the Method of Nomination Of
Total Page:16
File Type:pdf, Size:1020Kb
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 ON 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 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? 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”. CDL(2015)009 - 4 - 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? 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 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? 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