Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation c . Decree d . Regulations or administrative rules
Comments: Provisions in regard to elections could be found in the Constitution, separate laws, resolutions, decisions of Parliament, instructions of the State Election Commission.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007 (rev. 2013;
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016;
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Electoral Law: Law on Election of President of Montenegro, adopted on 27 December 2007, amended 2016;
https://www.te.gob.mx/vota_elections/page/download/16621
Decision: ODLUKA O IMENOVANJU PREDSEDNIKA, SEKRETARA I DEVET ČLANOVA DRŽAVNE IZBORNE KOMISIJE,"Sl. list Crne Gore", br. 87/09 od 30.12.2009;
Decision: ODLUKA o broju glasačkih listića i broju rezervnih listića za sprovođenje izbora za poslanike u Skupštinu Crne Gore, koji će se održati 29. marta 2009. godine.
Montenegro Parliamentary Elections 30 August 2020, ODIHR Needs Assessment Mission Report 6-10 July 2020: https://www.osce.org/files/f/documents/4/5/457738_0.pdf
"The legal framework regulating elections remains uncodified and essentially unmodified since the
last parliamentary elections. Primary legal acts include the 1992 Constitution, the 1998 Law on
Elections of Councillors and Members of Parliament (hereinafter – election law), the 2014 Law on
Voter Register and the 2008 Law on Financing of Political Entities and Election Campaigns
(LFPPEC). These acts are complemented by other relevant legislation and State Election Commission
(SEC) instructions and regulations.9 Montenegro is party to the major international and regional
instruments on democratic elections, and is a member of the Council of Europe’s European
Commission for Democracy through Law (Venice Commission) and Group of States against
Corruption (GRECO)."
Verified: 2023/09/27
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments: The Law on the Election of Councillors and Representatives covers national and local elections. The Law on Referendum covers referendums.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016;
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Electoral Law: Law on Election of President of Montenegro as amended in 2016;
https://www.te.gob.mx/vota_elections/page/download/16621
Law: Law on Referendum as of 19 February 2001.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Law: Law on the Referendum on State-Legal Status 7 November 2006
https://www.parlament.cat/document/intrade/13990
Verified: 2023/09/27
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Article 2: 2. No one may, on whatever grounds, take voters to account for voting, or ask them to say who they have voted for or why they have not voted.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 2(2).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/27
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: Article 107: 1. Every elector, candidate and submitter of the electoral list have the right to lodge a complaint to the competent election commission for reasons of the infringement of the electoral rights during the election.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2011, art. 107-110.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/27
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Additional, but potentially outdated material is available here.
