Home > 1. The principles of Europe's electoral heritage > MONTENEGRO- Opinion on the Compatibility of the Existing Legislation Concerning the Organisation of Referendums with Applicable International Standards
 
 
 
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Paragraph 11
 

Any referendum must be organised in full conformity with internationally recognised standards. A consideration of these standards must begin with an examination of  European standards. While the Commission has to consider the conformity of the proposed referendum with internationally accepted standards, the Commission is aware that not all the criteria considered in this opinion derive from binding international standards; some relate to statements of standards that are good practice but not binding, such as the Council of Europe and Venice Commission guidelines.  The applicable international standards include the general requirements of fair, free and democratic elections, and guidance as to these requirements found particularly in the Code of Good Practice in Electoral matters of the Council of Europe/Venice Commission[2] and in the Guidelines for constitutional referendums at national level.[3] Another source considered in this opinion is international practice and comparative constitutional material.   The Commission has also taken into account the specific circumstances of Serbia-Montenegro.  Consequently, the result of a referendum has to meet the double test of acceptance (a) within Montenegro and (b) outside Montenegro. While to pass this test of legitimacy the referendum must be conducted in accordance with minimum standards of legality and good electoral practice, its legitimacy within Montenegro and also its acceptance in Serbia and by the international community as a valid indication of opinion in Montenegro may depend in part on the observance of other matters that are desirable but not obligated by international standards.