Saturday, 28 October 2017

Elections based Political culture, Populism, Legislations on Electoral matters and Parity democracy


"Das Verhältnis des Populismus zur Demokratie ist ambivalent. Positiv ist zu unterstreichen, dass der Populismus die Bürgerinnen und Bürger zu mehr Partizipation und Kontrolle der politischen Repräsentanten animiert, wenn an die Volkssouveränität appelliert wird.
-Warum Rechtspopulisten so viel Anklang in den Massenmedien finden, Paula Diehl


Commission for the Democracy through Law | Opinions and studies in the electoral field
http://www.venice.coe.int/WebForms/pages/?p=02_Opinions_and_studies&lang=DE



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Code of Good Practice in Electoral Mattershttp://www.venice.coe.int/webforms/documents/CDL-AD(2002)023rev-e.aspx


Equality of opportunity
a. Equality of opportunity must be guaranteed for the supporters and opponents of the proposal being voted on. This entails a neutral attitude by administrative authorities, in particular with regard to:
i. the referendum campaign; ii. coverage by the media, in particular by the publicly owned media; iii. public funding of campaign and its actors; iv. billposting and advertising; v. the right to demonstrate on public thoroughfares.
b. In public radio and television broadcasts on the referendum campaign, it is advisable that equality be ensured between the proposal’s supporters and opponents.
c. Balanced coverage must be guaranteed to the proposal’s supporters and opponents in other public mass media broadcasts, especially news broadcasts. Account may be taken of the number of political parties supporting each option or their election results.
d. Equality must be ensured in terms of public subsidies and other forms of backing. It is advisable that equality be ensured between the proposal’s supporters and opponents. Such backing may, however, be restricted to supporters and opponents of the proposal who account for a minimum percentage of the electorate. If equality is ensured between political parties, it may be strict or proportional. If it is strict, political parties are treated on an equal footing irrespective of their current parliamentary strength or support among the electorate. If it is proportional, political parties must be treated according to the results achieved in the elections.
Financial or other conditions for radio and television advertising must be the same for the
proposal’s supporters and opponents.
f. In conformity with freedom of expression, legal provision should be made to ensure that there is a minimum access to privately owned audiovisual media, with regard to the referendum campaign and to advertising, for all participants in the referendum.
g. Political party and referendum campaign funding must be transparent.
h. The principle of equality of opportunity can, in certain cases, lead to a limitation of spending by political parties and other parties involved in the referendum debate, especially on advertising.
i. Sanctions must be imposed in the case of breaches of the duty of neutrality. 

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CDL-AD(2016)004-e - Joint Guidelines for preventing and responding to the misuse of administrative resources during electoral processes, adopted by the Council for Democratic Elections at its 54th meeting, Venice, 10 March 2016 and by the Venice Commission at its 106th plenary session, Venice, 11-12 March 2016

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European Electoral Heritage - 10 Years of Code of Good Practice in Electoral Matters
  1. Recurrent challenges and problematic issues
    of electoral law

    Florian Grotz ............................................................................... 5
  2. Implementation of the Code of Good Practice
    in Electoral Matters – The experience of the Congress
    Gudrun Mosler-Törnström ............................................................... 15
  3. Organisation of elections by an impartial body
    Nikolai Vulchanov ........................................................................ 25
  4. Electoral law and representation of minorities
    Jan Velaers .................................................................................. 39
  5. The Code of Good Practice in Electoral Matters
    in the case law of the European Court of Human Rights
    Vincent Berger and Stéphanie Bouchié de Belle ................................ 51
  6. Representation of women in elected bodies
    Lydie Err ...................................................................................... 67 

    http://www.venice.coe.int/webforms/documents/?pdf=CDL-STD(2013)050-e

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