THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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commissions are composed of experts and representatives of political
parties (combined membership). The electoral legislation in Hungary and
Serbia provides for the possibility of expanded membership of the
commissions to include representatives of political parties which have
submitted electoral lists.
66. The general trend is that decisions are taken by a simple majority
(Germany, Hungary, Moldova, Portugal, Serbia, Spain and Sweden). Only
in Bosnia and Herzegovina (a two-thirds majority, except for municipal
commissions), Bulgaria (a two-thirds majority) and the Czech Republic (an
absolute majority), is a qualified majority required. In Bosnia and
Herzegovina, if a decision cannot be reached at the first meeting, then at the
second meeting the decision is taken by a majority vote.
67. In the case of a tie, the chairman has the casting vote in Germany,
Portugal, Spain and Sweden. This helps to avoid eventual obstructions to
the decision-making process. By contrast, in the Czech Republic, in the
event of a tie, the proposal is deemed to be rejected. The fact that a
chairman with the casting vote is directly appointed by the president of the
Republic or the executive government, as in Georgia, is of course a relevant
factor to be borne in mind for the assessment of the independence of an
electoral agency. This can only be compared to the position of the Federal
Returning Officer or the Land Returning Officer in the Federal Electoral
Committee and the Land Electoral Committees in Germany, whose
appointment depends on the Federal Ministry of the Interior or the Land
Government. In both cases, the officer is the chairman of the committee and
has a casting vote. By contrast, in the majority of the countries examined,
the chairman is elected by the electoral commission itself (Bosnia and
Herzegovina, Hungary, Moldova, Serbia and Spain).
68. One of the guarantees of election commissions’ independence is that
persons who could be involved in an inherent conflict of interests should not
be allowed to be appointed to electoral commissions, in particular registered
candidates. This kind of rule can be found in the majority of the Contracting
States considered (Belgium, Bosnia and Herzegovina, the Czech Republic,
Germany, Hungary, Moldova, Portugal, Serbia, Spain and the United
Kingdom). Apart from candidates standing for election, incompatibility
requirements may apply to members of political parties or organisations
nominating candidates (Hungary and Moldova), members or employees of
registered parties (the United Kingdom), members of parliament, judges in
the Supreme Court, servicemen in the armed forces, officers in the Ministry
of the Interior (Bulgaria), the president of the Republic, heads of
administrative offices, civil servants, and mayors (Hungary).
1. This classification is based on the classification of The International IDEA Handbook,
pp. 304-23.