Strasbourg, 4 July 2017 CDL(2017)023 * Study No. 873/2017 Or. bil. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) COMPARATIVE TABLE ON THE ALLOCATION OF SEATS TO CONSTITUENCIES __________ TABLEAU COMPARATIF SUR L’ATTRIBUTION DES SIEGES AUX CIRCONSCRIPTIONS *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. This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL(2017)023 - 2 - Permissible Types of Reallocation or If Redrawing, Decided Country Legal Basis Allocation Criterion Departure from the Constituencies Redrawing by Whom Norm Constitution 12 multi-member- Population N/A Electoral Code, Art 76 Electoral Code, Art 74/2 Article 64 constituencies Electoral Code, “As a rule, 4 months Administrative boundaries of Electoral Code Constitution, Art 64/1 Art 75/1 before the starting date the regions are decided by (approved by Law no. The Assembly consists of the electoral period, the law on the 10 019, dated 29 of 140 deputies, elected The number of seats for which precedes the end administrative and territorial December 2008, by a proportional system each electoral zone is of the Assembly’s division of the Republic of amended by Law no. with multi-member determined in proportion mandate, the General Albania. 74/2012, dated 19 July electoral zones. to the number of citizens Directorate of Civil 2012 and Law no. in each electoral zone. Status, on the request of CEC and Assembly 31/2015, dated 2 April Constitution, Art 64/2 Each seat represents an the CEC sends the total 2015 A multi-member electoral approximately equal number of citizens, as Electoral Code, Art 76 Articles 74 - 76 zone coincides with the number of citizens. well as the number of see column “reallocation or administrative division of citizens for each region, redrawing: one of the levels of The total number of based on the National administrative-territorial citizens, according to the Civil Status Register. organization. National Civil Status No later than 15 days Register, is divided by from receiving the data, Electoral Code, Art 74/1 the number 140 of the the CEC makes the The electoral zone Assembly seats, thus calculations for the corresponds to the determining the average allocation of seats for Albania territory of the region and number of citizens for each electoral zone, serves as an electoral each Assembly seat. according to the criteria unit for the election of a and procedures provided specified number of The number of seats for for in article 75 of this seats in accordance with each electoral zone is Code and sends them the rules set in this determined by dividing immediately to the Code. the number of citizens Assembly. The with domicile in the Assembly, through an electoral zone by the accelerated procedure, average number approves by decision the obtained according to allocation of seats. point 2 of this article. In any case, the number of seats for each electoral zone is approved no later than 6 months before the end of the Assembly's mandate. The number of seats for each electoral zone shall not be revised in case of early elections. - 3 - CDL(2017)023 Permissible Types of Reallocation or If Redrawing, Decided Country Legal Basis Allocation Criterion Departure from the Constituencies Redrawing by Whom Norm Constitution National People’s Administrative N/A N/A N/A Articles 98, 101 - 103 Assembly boundaries/Population Members are directly 2016 Electoral Code – elected in 48 multi- Loi organique n° 12-01 du Law 16-10 member 2 janvier 2012 relative au / constituencies - régime électoral, Art 84 Loi organique n° 16-10 corresponding to du 25 août 2016 relative country’s wilayas (= […] {l}La circonscription au régime électoral administrative districts); électorale de base pour Article 84 l’élection des membres The National Council de l’Assemblée wilaya assemblies Populaire indirectly elect 96 Nationale est fixée aux members; 48 members limites territoriales de la are appointed by the wilaya. President Toutefois, une wilaya peut faire l’objet d’un Article 26 Electoral découpage en deux ou Code: plusieurs circonscriptions électorales sur la base Une partie de commune, des critères de la densité Algeria une commune ou démographique et dans plusieurs communes le respect de la peuvent former une continuité géographique. circonscription Le nombre de sièges ne électorale. peut être inférieur à La circonscription quatre (4) sièges pour électorale est définie par les wilayas dont la la loi. population est inférieure à trois cent cinquante mille (350.000) habitants. Pour l’élection des représentants de la communauté nationale établie à l’étranger, les circonscriptions électorales consulaires ou diplomatiques et le nombre de sièges sont définis par la loi CDL(2017)023 - 4 - Permissible Types of Reallocation or If Redrawing, Decided Country Legal Basis Allocation Criterion Departure from the Constituencies Redrawing by Whom Norm Constitution 7 multi-member (2 Country’s parishes N/A N/A N/A Articles 51-52 seats) constituencies corresponding to the Half of the seats are Qualified Law 28/2007, country’s parishes allocated in an equal of November 22, - 1 national multi- number corresponding to amending Qualified member (14 seats) the country’s parishes Law on the Electoral constituency (7x2). System and Referendum Constitution, Art 52 and Article 48 Qualified Law 28/2007 of Constitution, Art 52 November 22, art. 48 See column “types of The General Council constituencies” Andorra consists of a minimum of twenty-eight and a Qualified Law 28/2007, maximum of forty-two of November 22, Art 48 General Councellors, See column “types of half of whom shall be constituencies” elected in an equal number by each of the seven Parròquies and the other half elected on the basis of a national single constituency. Constitution 1 multi-member Electoral Code, Art 95. N/A N/A N/A (Amendments to the constituency (101 Constitution were seats) plus 13 electoral The seats are distributed made by referendums districts between the parties on November 27, 2005 proportionally to the and December 6, 2015) Electoral Code, Art 77 votes received by them Article 89 Elections of the National nationally. Then, the Assembly shall be held number of mandates (for Electoral Code under the proportional a party) from each (Amended as of electoral system, from electoral district is Armenia October 2016) one multi-mandate defined. Where the Articles 76-78 constituency covering number of mandates the whole territory of the received by a political Republic from among party (alliance of political candidates for Deputies parties) is even, nominated in the national mandates equal to 50 and district electoral lists per cent of the number of of political parties. mandates shall be given to candidates in the Electoral Code, Art 78 national electoral list of a 1. During elections of the political party (alliance of - 5 - CDL(2017)023 Permissible Types of Reallocation or If Redrawing, Decided Country Legal Basis Allocation Criterion Departure from the Constituencies Redrawing by Whom Norm National Assembly, 13 political parties). Where electoral districts shall be the number of mandates constituted in the received by a political Republic of Armenia — 4 party (alliance of political in Yerevan, 9 in marzes. parties) is odd, mandates equal to the integer part of 50 per cent of the number of mandates shall be distributed among the electoral districts. The remaining part of the mandates received by a political party (alliance of political parties) shall be given to candidates in the national electoral list of the political party (alliance of political parties). See in particular Art. 95.4, 95.5, 95.7, 95.8 Federal Constitutional National Council (183 Number of nationals N/A Federal Law on National Federal Minister of Law seats): Federal Constitutional Council Elections, § 5 Internal Affairs Articles 26, 34-35 9 multi-member Law, Art 26/2 1. The number of seats See column “reallocation or constituencies […] The number of allocated to each redrawing” National Council: (from 7 to 37 seats each) deputies will be divided constituency,[…] has to Federal Law on correspond to the among the qualified be announced and National Council country's provinces voters of the published in the Federal Elections BGBl. No. (Länder) constituencies (electoral Law Gazette by the 471/1992 as amended bodies) in proportion to Federal Minister of lastly in 2017 40 regional the number of nationals Internal Affairs §§ 1-5 constituencies who in accordance with immediately after the Austria the result of the last determination of the final Provinces are broken census had their results of the last down into 40 regional principal domicile in a census. constituencies particular constituency 2. The announced Federal Council: no […]; the number of distribution of seats has directly elected Federal Council deputies allocated to a to be at the basis of all Indirect election constituency will be parliament National 9 multi-member (3 to 12 divided in the same way Council elections which seats) constituencies. among the regional take place after the Federal Constitutional constituencies. coming into force of the Law, Art 26/2 announced seat The Federal territory will Federal Law on National distribution and before CDL(2017)023 - 6 - Permissible Types of Reallocation or If Redrawing, Decided Country Legal Basis Allocation Criterion Departure from the Constituencies Redrawing by Whom Norm be divided into self- Council Elections, § 4/3 the publication of the contained constituencies Every provincial new one, following the whose boundaries may constituency receives next census. not overlap the Länder the number of seats, boundaries; these which results from the constituencies shall be division of the number of sub-divided into self- citizens, which, contained regional according to the final constituencies.