DEC members (from 7 to 11 according to Article 27.2) are still appointed by the CEC, but two members are now nominated by district courts, two others by local administrative councils and the remaining members are nominated by the parties present in Parliament, in proportion to the number of their mandates (Article 27.4). The OSCE/ODIHR EOM Final Report on the 2005 elections recommended (recommendation no. 6) that mechanisms be introduced to ensure that DEC members drawn from the judiciary are not serving as sitting judges during their term as DEC members. Of particular concern was the fact that “this practice raises a question of a possible conflict of interest since the court where these DEC members normally work may also have to handle election-related complaints and appeals”[13]. It is regrettable that no amendment was made to the Electoral Code to solve this problem.
