Home > 2.1 The competent bodies and their tasks > GEORGIA - Joint Opinion on the Election Code
 
 
 
Download file    
 
 
Paragraph 41
 

As noted in the OSCE/ODIHR Final Reports on the 2008 presidential and parliamentary elections, enhanced professional skills of election commission members, regardless of their mode of appointment, are crucial for the administration to effectively serve its mandate. Election commissioners, whether party-appointed or not, must act impartially, and in accordance with the law. The Election Code should include safeguards (restrictions) against the dominance of any one political party in managerial positions of commissions at all levels, and that the CEC Chairperson be elected from among the CEC members (not by the President and Parliament) based on broad and inclusive discussions among the political forces. Consideration should be given to decreasing the number of appointments made by the President and Parliament so as to eliminate the de facto majority of the ruling party, and instead have several unaffiliated professionals appointed by consensus of all other members. The law should also stipulate that the CEC include at least one member of the judiciary. It should further stipulate that all CEC members, including those appointed by political parties, be qualified in electoral matters, such as judges, legal experts, political scientists, mathematicians or other people with a good understanding of electoral issues. The Election Code should provide that the CEC receive standard training on electoral law and electoral issues, including on the best practices for guaranteeing due process of law in the adjudication of complaints and appeals.[21].