A. Electoral system for the distribution of parliamentary mandates
Article 70 of the Constitution establishes the number of parliamentary seats at 120. Members of parliament are elected for a five-year term through a proportional party list system. The same article also provides that “as a result of elections a political party may not be granted more than 65 deputy mandates in the Parliament.” This provision was adopted in June 2010. The Venice Commission and the OSCE/ODIHR have previously noted that such a provision should be transitory, as it does not respect the principle of equality of votes.[1] The limitation on the number of mandates a party is allocated should be based on the will of the voters expressed through voting and the actual election results. The acceptability of Article 70 diminishes with the passage of time
[1] See 2011 Joint Opinion, paragraphs 14-16 (“This system is problematic as it does not ensure respect for the principle of equality of votes. The free expression of the will of the people is a fundamental principle for democratic elections as is the principle of equal suffrage. Equal suffrage is required by paragraph 7.9 of the 1990 OSCE Copenhagen Document and Article 25 of the International Covenant on Civil and Political Rights. Although this restriction could undermine the free expression of the will of the people and paragraph 7.9 of the Copenhagen Document, it can be seen as a transitory measure to build a pluralistic parliament”).
