On the Legislation and Integrity of the Electoral Management Bodies in Western Balkans Countries

Abstract

The comparative analysis of national legislation related to EMBs (Electoral Managment Bodies) in Western Balkan countries shows that in the process of drafting this legislation, all these countries had as a roadmap the recommendations given by international institutions and CoE for countries that have insufficient experience in the exercise of democracy and the rule of law. These countries have used the independent EMBs model. Political representation is the basic principle implemented in these countries for establishing the EMBs. Efforts for political balancing of EMBs are not identified in all countries and for all levels of EMBs. In the Albanian legislation, this issue is treated in a more complete way than in other countries. In multi-ethnic countries, such as North Macedonia, Kosovo, Montenegro and BiH, the legislation guarantees the representation in EMBs of ethnic minorities. Referring to the integrity of the EMB, the countries of the Western Balkans are classified in the group of countries with a "moderate" level. To increase the Electoral Integrity Index, these countries must make changes in the legislation related to EMBs and its operation in accordance with the recommendations of international institutions, such as OSCE/ODIHR, CoE, Venice Commission.   Received: 5 January 2023 / Accepted: 20 February 2023 / Published: 20 March 2023