16
THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
(a) modify the composition of the Central Electoral Commission and the electoral
commissions at lower levels, in order to promote the principle of balanced, fair and
equal representation of all political forces;
...
(c) ensure a clear segregation between governmental structures and the electoral
authorities, and introduce a principle that the latter must be completely impartial; ...
(ii) to revise the electoral rolls, and create as soon as possible a single, centralised
and computerised register of electors, and to put an end to the practice of registering
voters’ names on supplementary lists on election day itself, a practice which entails a
considerable risk of fraud.
8. The Assembly also declares its concern about the current reshaping of Georgian
political life and the risk of the disappearance of all parliamentary opposition after the
forthcoming elections and, in consequence, of any true institutional counterweight. If
the elections were to culminate in the sole representation in Parliament of the ruling
coalition, the Assembly might fear for the future of democratic pluralism in Georgia.
It therefore recommends that the Georgian authorities amend the corresponding
legislation so as to reduce the electoral threshold in the proportional representation
system from 7% to at least 5%.”
B. European Commission for Democracy through Law (“the Venice
Commission”)
47. The Code of Good Practice in Electoral Matters was adopted by the
Venice Commission at its 51st Plenary Session (5-6 July 2002) and
submitted to the PACE on 6 November 2002. Its relevant provisions
provide as follows:
2. “Regulatory levels and the stability of electoral law”
“(a) Apart from rules on technical matters and detail – which may be included in
the regulations of the executive –, rules of electoral law must have at least the rank of
a statute.
(b) The fundamental elements of electoral law, in particular the electoral system
proper, membership of electoral commissions and the drawing of constituency
boundaries, should not be open to amendment less than one year before an election, or
should be written in the constitution or at a level higher than ordinary law.”