Home > 1.2 Equal suffrage > ARMENIA - Joint Opinion on Draft Amendments to the Electoral Code and Related Legislation
 
 
 
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Paragraph 19
 

19. Moreover, it should be noted that it is not common among the Venice Commission Member States to enlist the principles of democratic elections in such detail as proposed in the draft. It would be advisable to reconsider the specific wording of the amendments, especially the new Articles 6.1 and 6.2., as they 1) partly mention aspects of the electoral law which are already included in the law (e.g. the universal and equal suffrage) and thus lead to duplication; and 2) partly spell out very detailed requirements founded on the electoral principles, which raises the question of whether those concretisations are meant to be exhaustive or whether there is room for others. Indeed, there are other elements that may ensure a “fair and genuine” conduct of elections, for example, ensuring freedom of expression for parties and candidates, enabling voters to discuss and cast their vote free of fear of retribution, the organisation of elections by an independent body, and respect of other fundamental principles.10 Having only some elements listed and elaborated upon related to what defines “fair and genuine election” may lead to selective and at the same time arbitrary interpretation. The Venice Commission and ODIHR therefore recommend amending Articles 6.1 and 6.2. The Code should recognise fundamental principles of holding genuine and periodic elections with a view to guaranteeing the universal, equal, free, secret and direct suffrage, in line with the Code of good practice in electoral matters.11 All other rights and obligations that underpin principles of genuine and democratic elections would be best placed in the respective sections and articles of the Electoral Code. The principles stipulated in the law should not exclude the application of other principles of suffrage recognised in international good practice.