Concerning the substance of the legislation, the Venice Commission and ODIHR make the following key recommendations:
A. On the composition and functioning of electoral administration: strengthening the professional background and expertise of its members, the balance between the parties supporting the government and the opposition and considering the possible inclusion of independent members who are not directly appointed by the parties or who require a broad consensus for their nomination; reviewing the justification and function of the extended composition.
B. Ensuring efficient monitoring of the media by clarifying the scope of action and competences of the different monitoring bodies; offering clear and objective criteria for decisions on the selection of media outlets for media monitoring; determining the monitoring methodology in a transparent process; extending monitoring to information on state officials; ensuring transparency of monitoring results; combining ex-post and ex-ante supervision; streamlining sanctioning procedures.
C. Ensuring the transparency of all election-related online communications and, at the same time, ensuring that the cost of these activities is taken into account for the purpose of enforcing political finance regulations.
D. On campaign financing, improving the oversight mechanism through comprehensive control of fundraising and expenditures, identification of unlawful practices and proportionate and effective sanctioning of violations, as well as introducing campaign expenditure limits; providing for the distribution of public funds before the start of the campaign; regulating the election-related communication activities of third parties that entail expenditure. Sections of the law on campaign finance should be reviewed to ensure clarity and removal of ambiguous formulations, in particular for the norms that impose obligations on contestants and oversight bodies.
E. Undertaking wide-scope measures to prevent misuse of office and state resources, including a detailed regulation of such practices, the provision for mechanisms of compliance and enforcement, and the provision for proportionate and dissuasive sanctions.
F. Considering measures to promote internal political party democracy and to provide opportunities for participation that are not unduly limited by the party leadership, such as reviewing existing requirements for internal democracy within political parties and assessing the impact of the electoral system on political participation and possible measures to mitigate this impact;
G. Adjusting the various dispute resolution mechanisms and related deadlines to streamline the determination of election results by the Republic Electoral Commission; extending the jurisdiction of the relevant courts to include all types of interference with MPs’ mandates irrespective of its legal basis and classification.