Home > 2.1.1 Electoral commissions > BULGARIA- Joint Opinion on the Draft Election Code
 
 
 
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Paragraph 35
 

V. Election administration









Article 46 of the draft Code provides that the 15 members of the CEC shall be elected by the National Assembly. Although the chairperson, the two deputy chairpersons, and the secretary of the CEC may not be nominated by the same parliamentary group, there is no requirement as to how the nominations will be distributed among various parliamentary groups. Thus, there is no guarantee in the draft Code for the formation of a pluralistic and balanced CEC reflective of all parliamentary groups, which could contribute to ensuring impartiality. Under the current Article 23(7), nominations to the CEC are to be reflective of “the proportion of the parties and coalitions of the parties represented in Parliament […] using the greatest remainder method”. This proportional formula still applies for constituency election commissions appointed under Article 61 of the draft Code, but does not apply to the CEC. Under the draft Code, with the exception of the three leadership positions for the CEC, the National Assembly is free to nominate CEC members reflective of a single parliamentary group. Although the establishment of a permanent CEC is a positive step, the lack of nominating guarantees for pluralism, inclusiveness, and balance is a significant concern. The Venice Commission and the OSCE/ODIHR recommend that measures be included in the draft Code to ensure the establishment of a balanced CEC.