THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
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envisages individual criminal responsibility for those who fail to take the
necessary steps for electoral registration.
57. In the United Kingdom, the system is mixed. The authorities compile
electoral rolls automatically, on the basis of domiciliary declarations and the
general census of the population. However, all subsequent modifications to
the rolls are contingent upon voters’ individual declarations to that end.
B. Electoral administration in Europe
58. Having examined the systems of electoral administration in
Belgium, Bosnia and Herzegovina, Bulgaria, the Czech Republic, Germany,
Hungary, Italy, Moldova, Portugal, Serbia, Spain, Sweden and the United
Kingdom, the Court notes that there is no uniform system of electoral
administration in Europe.
59. As the Venice Commission has pointed out (Code of Good Practice
in Electoral Matters, Explanatory Report, 18-19 October 2002, §§ 70
and 71), “in States where the administrative authorities have a long-standing
tradition of independence from the political authorities ... it is acceptable for
elections to be organised by administrative authorities, and supervised by
the Ministry of the Interior”. However, in States with less experience of
organising pluralist elections, electoral commissions not falling under the
authority of the government have been set up to ensure that elections are
properly conducted.
60. The International Institute for Democracy and Electoral Assistance
(IDEA) has identified three broad types or models of electoral management
– the independent, governmental and mixed models (see Electoral
Management Design: The International IDEA Handbook). The independent
model of electoral management exists in those countries where elections are
organised and managed by an electoral management body which is
institutionally independent and autonomous from the executive branch of
government, and which has, and manages, its own budget. It may be
accountable to the legislature, the judiciary, or the Head of State, but not to
the government. The governmental model exists in those countries where
elections are organised and managed by the executive branch through a
ministry (such as the Ministry of the Interior) and/or through local
authorities. In the mixed model of electoral management, there are usually
two component bodies, and dual structures exist: a policy, monitoring or
supervisory body that is independent of the executive branch of government
and an implementation body located within a Department of State and/or
local government.
61. According to the classification system adopted by the IDEA, among
the forty-seven member States of the Council of Europe there are twentytwo countries, mostly from central and eastern Europe, which follow the
independent model. There are sixteen States which have adopted the