Paragraph 38

 

38.  The Law on Parliamentary Elections does not include any express prohibition of lists with just one, independent, candidate. However, such a candidate would require the support of a “group” of citizens in order to be nominated. Although the “group” could be composed of a few individuals, the “group” nomination requirement does limit the ability to seek office as an independent candidate. Paragraph 7.5 of the 1990 OSCE Copenhagen Document includes an express commitment to allow citizens to seek political office as representatives of political parties or individually. The OSCE/ODIHR and the Venice Commission recommend that the law be amended to expressly provide for self-nomination by an individual independent candidate. Such a candidate should also be required to submit a number of supporters’ signatures, however, considerations should be given to require less signatures than from political party lists as independent candidates have usually less ability to collect signatures than political parties. Further, Article 81 of the law should be amended to account for independent candidates in the allocation of mandates, particularly in regard to the 5 per cent legal threshold.