24
THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
governmental model, and nine the mixed model. Among the thirteen
Contracting States considered in the IDEA handbook, four are classified as
following the independent model (Bosnia and Herzegovina, Bulgaria,
Moldova and Serbia), six the governmental model (Belgium, the Czech
Republic, Germany, Italy, Sweden and the United Kingdom) and three the
mixed model (Hungary, Portugal and Spain).
62. There are no common standards among Contracting States as regards
the composition of electoral commissions and the appointment of their
members. As regards the authority which is competent for formally
appointing the commission members, there are some countries which
provide for a unique institution (the parliament in Bosnia and Herzegovina,
Hungary and Serbia; the Head of State in Bulgaria and the United Kingdom;
and the government in Sweden). Even in these cases, however, other
institutions and actors may intervene in the nomination process. For
instance, in Bulgaria the members of the CEC are appointed after
consultation with parliamentary parties and coalitions. In Hungary, the
members of the National Election Committee are elected on the basis of a
motion submitted by the Minister of the Interior, after taking the parties’
recommendations into account. In the United Kingdom, Her Majesty
appoints the commission members on an address from the House of
Commons, made after consultation with the leaders of registered parties.
63. There are other systems which provide for a mixed appointment by
different State organs, including the judiciary. In Moldova, one member is
appointed by the President, one by the government and seven by the
Parliament. In Portugal, the National Election Commission is composed of a
judge appointed by the judiciary, citizens designated by the Parliament and
three specialists designated by governmental departments. The Spanish
electoral boards have a quasi-judicial composition, since the majority of
their members are directly appointed from among sitting judges by the
General Council of the Judicial Power, whereas the rest are selected from
among experts proposed by the political parties.
64. In systems which can be regarded as governmental from the
standpoint of electoral management, such as Belgium or Germany, the
majority of the assessors of the electoral boards/committees are appointed
by the chairman (a judge in Belgium; the Federal Returning Officer
nominated by the Ministry of the Interior in Germany) among electors. In
Germany, most of the assessors are proposed by the political parties. In
Italy, electoral boards responsible for the lawfulness of the electoral lists
and candidates are created within the Court of Cassation and other tribunals.
The difference with the countries mentioned above is that, in such countries,
electoral bodies are set up for the exclusive purpose of specific elections.
65. In some States, such as Bosnia and Herzegovina, Hungary, Portugal,
Spain and Sweden, the electoral commissions may be classified as
expert-based. In others, such as Bulgaria, Moldova or Serbia1, the