See related documentsElection observation report
| Doc. 14294
| 24 April 2017
Observation of the early parliamentary elections in Bulgaria (26 March 2017)
1. Introduction
1. On 26 January 2017, Ms Tsetska
Tsacheva, President of the National Assembly of Bulgaria, invited
the Parliamentary Assembly of the Council of Europe to observe the
early parliamentary elections in Bulgaria, scheduled for 26 March
2017.
2. The Bureau of the Assembly, at its meeting on 27 January 2017,
decided to observe the elections and constituted an ad hoc committee
for that purpose composed of 20 members (EPP/CD: 7; SOC: 6; ALDE:
3; EC: 3; UEL: 1) and the co-rapporteurs of the Monitoring Committee,
and appointed Ms Marie-Christine Dalloz (France, EPP/CD) as its
chair. The list of members appears in Appendix 1.
3. In line with the co-operation agreement signed between the
Parliamentary Assembly and the European Commission for Democracy
through Law (Venice Commission) on 4 October 2004, a representative
of the Venice Commission was invited to join the ad hoc committee
as a legal adviser. The Venice Commission was represented by Mr Eirik
Holmøyvik.
4. The ad hoc committee met in Sofia from 24 to 27 March 2017.
The programme of the ad hoc committee’s meetings is set out in Appendix 2.
On polling day, the Assembly delegation split into 10 teams and observed
the vote in Sofia and the surrounding area, as well as in constituencies
in various regions throughout the country.
5. The Assembly’s ad hoc committee operated in the framework
of an International Election Observation Mission (IEOM), which also
included a limited election observation mission from the Office
for Democratic Institutions and Human Rights of the OSCE (OSCE/ODIHR)
headed by Mr Roman Jakic. The following day, the IEOM held a press
conference and issued a press release (Appendix 3).
6. The Assembly delegation concluded that on election day the
citizens of Bulgaria could make a free choice. The elections were
generally well organised, but some procedural shortcomings were
noted during counting. The Electoral Code allows all citizens, independently
of their ethnic origins, to elect their representatives to the National
Assembly. Also, the delegation was informed by various interlocutors
of cases of interference by the government of a foreign country
in the electoral process. The newly elected National Assembly of
Bulgaria will have the responsibility to work to resolve both internal
and external tensions.
2. Political background
7. The Parliamentary Assembly
has observed all of the parliamentary and presidential elections
in Bulgaria since 1990. The elections on 26 March were the sixth
elections held in Bulgaria since 2013 (two parliamentary elections,
one election to the European Parliament, one local election and
one presidential election). This high number of elections in such
a short period could be a sign of political instability rather than
of a process of democratic development.
8. On 13 November 2016, Mr Rumen Radev was elected President
of Bulgaria. On 14 November, in keeping with an announcement he
had made concerning that eventuality, Prime Minister Borisov presented
his government’s resignation following the defeat of Ms Tsetska
Tsacheva, the candidate of his party, Citizens for European Development
of Bulgaria (GERB), in the presidential election.
9. The newly elected president’s term began on 22 January 2017
and, two days later, on 24 January, the new President, Rumen Radev,
dissolved the National Assembly and called early parliamentary elections
for 26 March 2017.
10. The 2016 presidential election was held in conjunction with
a referendum on changes to the electoral system and political party
funding. A petition for the referendum had been initiated by one
of the most popular TV show presenters in Bulgaria and managed to
gather 673 481 signatures in favour of holding it. A check by the
relevant authorities established that 572 650 of the signatures
were valid, with the minimum threshold for the holding of a referendum
initiated by citizens being 400 000 valid signatures.
11. In May 2016, the former President of Bulgaria, Rosen Plevneliev,
had referred three of the six questions proposed for the referendum
to the Constitutional Court for a ruling. On 28 July 2016, the Constitutional
Court unanimously rejected the three questions despite all questions
having been previously accepted by parliament for a national referendum
to be held in autumn 2016. The three rejected questions concerned,
firstly, the introduction of electronic voting in elections and
referendums, secondly, a reduction in the number of members of parliament
from 240 to 120 and, thirdly, the election of the heads of regional
directorates of the Interior Ministry through a first-past-the post
electoral system requiring an absolute majority at the end of two
rounds.
12. The three questions that remained for the 6 November 2016
referendum focused on the introduction of a first-past-the-post
system to elect members of parliament, the introduction of compulsory
voting (even though parliament had already legislated on this) and
the reduction of State subsidies for political parties and coalitions to
one lev (about 50 euro cents) per valid vote.
13. The Constitutional Court rejected the question concerning
a reduction in the number of members of the National Assembly from
240 to 120 on the grounds that this decision was solely within the
competence of a Grand National Assembly.
The
court held that for decisions taken in the referendum to be implemented,
the matter must fall within the competence of the body which takes
the decision to hold the referendum. The National Assembly could
not commit itself to holding a referendum on issues which fell within
the competence of other authorities, such as a Grand National Assembly.
14. The Constitutional Court pointed out that it found it necessary
“to once again emphasise” that a national referendum is a powerful
tool for the direct exercise of State power by citizens, significantly
different from other forms of participation “and in no way is a
kind of public opinion poll”. This meant that the National Assembly should
exercise the powers given to it by the Constitution and the law
in the strict sense, to prevent people being misled and taking part
in the voting without it being clear that the result of the referendum
would not produce the legal consequences being sought.
15. In his approach to the Constitutional Court, President Plevneliev
had said that the Constitution could not be circumvented by trying
to allow parliament, which would have to implement the decision
taken by referendum, to decide by a simple majority vote matters
that were under the jurisdiction of a Grand National Assembly.
16. The election campaign for the early parliamentary elections
began on 24 February 2017. The political parties and coalitions
were able to campaign freely, with no major restrictions. The electoral
environment was marked by public disillusionment with politics and
fatigue with the repeated holding of elections, given that six different
elections have been held in Bulgaria since 2013. The election campaign
focused on the issues of education, social welfare and national
identity.
17. The Assembly delegation was informed by various interlocutors
of the use of xenophobic and anti-Roma language and of allegations
of vote buying and “organised” voting, in particular among vulnerable
groups. Various interlocutors reported cases of the Turkish authorities
interfering in the electoral process, in particular by bussing in
voters from Turkey. Representatives of the United Patriots (UP)
party apparently blocked roads at the border to prevent them from
entering Bulgaria. This situation heightened tensions between the
two countries. In this connection, the Assembly delegation indicated
that the newly elected Bulgarian National Assembly would have the
responsibility of relieving both internal and external tensions.
18. The Assembly delegation was informed of cases of restrictions
on election campaign materials (in particular, the Central Electoral
Commission (CEC) banned a video spot showing the Turkish ambassador
to Bulgaria in support of the DOST party, which represents Bulgarians
of Turkish ethnic origin); allegations concerning the sexual orientation
of a candidate; and the distribution of books about alleged involvement
of candidates in financial crimes.
During
its meeting with the Assembly delegation, the CEC explained that
the bans in question were in line with the Electoral Code; the cases
involved breaches of Article 183.4 of the Electoral Code prohibiting
the use of “campaign materials … which are contrary to good morals
and damaging to the honour and reputation of the candidates”.
19. Since the amendments to the Electoral Code in May 2016, campaigning
by clergy has been prohibited, as has the use during election campaigns
of religious symbols, the national flag of Bulgaria and those of
foreign countries. The Assembly delegation was informed of cases
where the Bulgarian flag and those of foreign countries were displayed
at demonstrations in Sofia and Pleven.
20. In general, the Assembly delegation believes that the Electoral
Code could be altered to take account of the various problems identified
during the elections in 2016 and 2017. In particular, these included
the effective participation in elections by citizens of non-Bulgarian
ethnic origin; and the free expression of the different points of
view of Bulgarian citizens during election campaigns regardless
of their ethnic origin, but without foreign governments being able
to interfere in the electoral process or influence voters’ choices.
The necessary steps should be taken in close co-operation with the
Council of Europe’s Venice Commission and with due regard to relevant
best practice in other Council of Europe member States.
21. The Citizens for European Development of Bulgaria (GERB) party
is headed by Boyko Borisov, former Prime Minister. In its programme,
the GERB party promised to implement an anti-corruption plan which
would include removing the immunity of members of parliament, increasing
the minimum and the average wage over the course of the next four-year
term, doubling teachers’ salaries, giving more assistance to the
largest families, privatising health insurance and completing the
national motorways programme. It was firmly opposed to any possible
alliance with the socialists.
22. The Bulgarian Socialist Party (BSP) is allied with five parties
(the Communist Party, the Ecoglasnost Political Club, the New Dawn
Political Party, the Aleksandar Stamboliyski Agrarian Union and
the Thrace Political Club). Its officials stated that approximately
40% of the candidates at the top of its list were newcomers. The
BSP wants to change the taxation system by keeping a flat 10% tax
for the majority of Bulgarians while increasing the rate to 20%
for those earning over 10 000 lev (€5 113) per month. It called
for retirement pensions and teachers’ salaries to be recalculated
and increased by 20%.
23. The Patriotic Front is a nationalist alliance comprising Krasimir
Karakachanov’s National Movement (IMRO-BNM), Valeri Simeonov’s National
Front for the Salvation of Bulgaria and Volen Siderov’s Ataka party. The
Patriotic Front promised to raise the minimum pension to 300 lev
(€153.20) per month. Two other parties were set up in recent weeks.
The former Minister of Justice, Hristo Ivanov, formed the Yes Bulgaria
Movement, which sets out to combat corruption and fight for genuine
justice reform.
24. The Movement for Rights and Freedoms (DPS) is the party that
represents the Turkish minority. It was founded in 1989 and is led
by Mustafa Karadayi.
25. In December 2013, five parties (the Democrats for a Strong
Bulgaria, the Bulgaria for Citizens Movement, the Union of Democratic
Forces, the People’s Party Freedom and Dignity and the Agrarian
Union) formed the Reformist Bloc. The Reformist Bloc, which signed
an agreement with People’s Voice (led by Svetoslav Vitkov, leader
of the rock band Hipodil), sets out to be an alternative solution
to GERB. It is in favour of lowering taxes, greater freedom for
small and medium-sized businesses, transparency of the judicial
system and a better economic environment with institutions that
are capable of combating cartels and monopolies.
26. Volya (“Will”) is a party formed by businessman Veselin Mareshki,
an unsuccessful candidate in last November’s presidential election
(11.17% of votes cast in the first round). Volya promised to increase
the minimum old age pension and the minimum wage.
3. Legal
framework
27. The main piece of legislation
governing parliamentary elections is the Electoral Code of 22 July
2016. In addition to the Constitution of Bulgaria and the Electoral
Code, other relevant pieces of legislation include the Direct Citizen
Participation in State and Local Government Act, the Political Parties
Act, the Local Self-Government and Local Administration Act and
the Administrative Violations and Sanctions Act. It is worth noting
that a new provision among the recent amendments sets out a ban
on using the coat of arms or the flag of the Republic of Bulgaria
or those of foreign countries or any religious symbols or references
in campaign materials.
28. In general terms and in accordance with the Venice Commission’s
recommendations, the Electoral Code is conducive to holding democratic
elections in Bulgaria. However, some aspects of electoral legislation
need to be improved, in particular, transparency concerning media
ownership, proper monitoring of campaign accounts, effective remedies
for challenging election results, the criteria for establishing
polling stations abroad and education for citizens of non-Bulgarian
ethnic origin regarding elections, including language issues.
29. In May 2016, the National Assembly adopted a number of amendments
to the Electoral Code, including the introduction of compulsory
voting, the transfer of most election-related responsibilities from
the Council of Ministers to the CEC and new rules for the establishment
of polling stations abroad.
30. On 17 October 2016, the Ombudsman of Bulgaria challenged the
provisions of the Electoral Code on voting abroad before the Constitutional
Court, arguing that the cap of 35 Bulgarian polling stations per
country violated the Constitution by infringing the rights of expatriates
to vote. The ruling parties (GERB, the Reformist Bloc and the Patriotic
Front) reached a compromise to amend the Electoral Code after an
emergency meeting, removing the cap on the number of polling stations
outside Bulgaria within European Union countries.
As a result, the National
Assembly adopted amendments to the Electoral Code on 21 October
2016 abolishing the cap on the number of polling stations in European
Union countries. The members also debated the option of blank votes
on ballot papers, which was retained in the end.
31. The National Assembly comprises 240 members of parliament,
elected for a four-year term by the 31 multi-seat electoral constituencies
corresponding to the country’s oblasti (provinces). There is a mixed
electoral system in place: 31 members are elected through a first-past-the-post
system and 209 through a proportional system (closed lists).
32. A political party must obtain a minimum of 4% of the votes
cast to be represented in the parliament. The new code introduced
the option of preferential voting for certain candidates on a list
(open lists). A candidate may benefit from the preferential vote
if the number of votes received is at least 7% of the votes cast
for their list.
4. Electoral
administration, voters lists and registration of parties and coalitions
33. The early parliamentary elections
were administered by the Central Electoral Commission, 31 district electoral
commissions (DECs) and 12 081 precinct electoral commissions (PECs).
34. The CEC is a permanent body comprising members nominated by
the parties and coalitions represented in parliament, as well as
members nominated by each of the parties and coalitions which have
members elected to the European Parliament but which are not represented
in the Parliament of Bulgaria. The chairperson, the deputy chairpersons
and the secretary of the CEC are elected by the National Assembly;
the chairperson and the secretary may not belong to the same political
party.
35. Various interlocutors of the Assembly delegation, including
representatives of the political parties and coalitions, expressed
their confidence in the neutrality and impartiality of the electoral
administration. The electoral administration worked professionally
and transparently, although their decision making was not always
consistent. The voting process was transparent.
36. All Bulgarian citizens aged 18 years or older on polling day
are entitled to vote, except those serving a prison sentence, regardless
of the severity of the crime. Voter registration is passive; voters
lists are compiled on the basis of data in the national population
register. For the elections on 26 March, 6 810 341 voters were registered.
37. This figure of 6 810 341 citizens is inexplicably high for
a population of 7.4 million. This issue has been the subject of
controversy for decades. Nevertheless, the Assembly delegation’s
discussion partners did not express any doubts about the accuracy
of the voters lists. Voters could verify their data online and in designated
display areas at the local administration, and they could amend
their registration records. Special voters lists are established
for the purpose of voting outside polling stations, i.e. in medical
facilities, specialised institutions, prisons and navigation vessels.
38. Voters abroad could vote without prior registration, which
was a cause of concern for several interlocutors, as this system
does not provide sufficient safeguards against possible multiple
voting. The Electoral Code provides that “the voter [abroad] shall
furthermore present a declaration completed in a standard form to
the effect that he or she has not voted and will not vote elsewhere
in the same elections. The said declaration shall be attached to
the electoral roll and shall constitute an integral part thereof”.
A total of 371 polling stations were opened in 70 foreign countries:
58 in the United Kingdom; 38 in Spain; 35 each in Turkey and the
United States; and 21 in Greece. The total number of polling stations
in foreign countries fell from 428 in 2014 to 371 in 2017; this
mainly concerned Turkey, where there were 101 fewer polling stations than
at the previous elections.
39. Under the new Electoral Code, political parties and coalitions
must submit a set of documents to register with the CEC. They then
present their lists of candidates to the DECs. Should a registration
be denied by the CEC, the decision may be challenged before the
Supreme Administrative Court. Four cases of denial of registration
were brought before the court, which upheld the CEC’s decisions.
According to the Assembly delegation’s interlocutors, the candidate
registration process was inclusive.
40. The CEC registered 11 political parties and seven coalitions.
A total of 4 700 candidates, including nine independents, stood
for the 240 seats. 31% of the candidates were women and women topped
132 lists, i.e. 22% of all lists.
5. Campaign
financing and media environment
41. 41. Funding of political parties,
coalitions and candidates is based on public funds as well as on
the financial resources of the party, the coalition or the candidate(s)
and contributions by natural persons. Anonymous
contributions, contributions by legal persons, contributions from
abroad (by natural persons as well as States, State-owned companies
and foreign non-profit organisations) and contributions from religious institutions
are banned.
42. Parties and coalitions in parliament are entitled to public
funding in proportion to the number of valid votes received previously.
All those parties which received at least 1% of valid votes nationwide
in the previous parliamentary elections also receive some public
funding. Candidates not entitled to public funding receive funds
for media advertisements, amounting to BGN 40 000 for parties/coalitions
and BGN 5 000 for independent candidates.
43. Since 2014, those parties which received at least 1% of valid
votes nationwide have received the following amounts annually, in
proportion to the votes received: GERB, BGN 12 145 950; BSP, BGN 5 730 286;
DPS, BGN 5 513 486; the Reformist Bloc, BGN 3 304 152; and the Patriotic
Front, BGN 2 709 515. In this connection, some of the Assembly delegation’s
interlocutors considered the level of public funding for political
parties to be very generous compared with the salaries and pensions
funded from the national budget.
44. The National Audit Office has the authority to oversee political
party and campaign expenses.Under the electoral
legislation, donations to parties are limited to BGN 10 000 per
person and campaign expenditure is limited to BGN 3 million for
a political party or coalition and BGN 0.2 million for an independent
candidate. Political parties and coalitions must submit reports
on the sources of donations to the National Audit Office five days
before the beginning of election campaigns. The Assembly delegation
was informed that only 12 political parties had complied with this
requirement in the legislation.
45. Final campaign accounts must be submitted to the National
Audit Office within 30 days of polling. However, the National Audit
Office has no deadline for completing its audits, and sanctions
for non-compliance with campaign finance regulations remain low
and thus insufficiently dissuasive.
46. Overall, Bulgaria has a pluralist media landscape offering
freedom of expression. Public service broadcasters are required
to cover elections in accordance with the principles of equitability
and objectivity and to allocate free airtime to each candidate.
Election coverage by private broadcasters is mostly not covered
by the regulations. There is a clear lack of equality between parties,
not least because parties in parliament benefit from State subsidies,
which is regarded as an indirect subsidy for media access. Another
new provision in the Electoral Code (Article 187.4) provides that
any political insinuation in commercial advertising to the advantage or
disadvantage of a party, a coalition, a nominating committee or
a candidate is prohibited.
47. The OSCE/ODIHR Election Observation Mission media monitoring
indicated that during the campaign period, the prime-time news of
the national broadcaster BNT devoted a total of only four minutes
to all candidates combined. BNT also created a current affairs programme,
“Bulgaria Votes 2017”, focused on the election campaign. The private
channels, BTV, Nova and Channel 3, displayed a similar approach
by devoting only very little prime-time coverage to all candidates.
The private TV channels devoted most airtime to GERB (20%-26%);
BSP (17%-23%) and DOST (11%-12%), and between 8% and 11% to the
other candidates. Coverage of DOST was more negative than for other
parties.
48. Some of the Assembly delegation’s interlocutors expressed
reservations about the independence of the media from undue economic
or political influence. Furthermore, media ownership was opaque.
Paid campaign broadcasts were not always clearly identified as such,
which might have misled some voters about their source.
49. The Bulgarian Constitution does not recognise national minorities.
The Electoral Code provides that Bulgarian is the only language
which may be used during election campaigns. According to the 2011
census, 8.8% of the population are of Turkish origin and approximately
4.9% are Roma. The minorities are seen as being among the most vulnerable
to electoral irregularities. Bulgaria has ratified the Council of
Europe Framework Convention for the Protection of National Minorities
(ETS No. 157). It is not a Party to the European Charter for Regional
or Minority Languages (ETS No. 148).
50. The Assembly delegation would reiterate the point made in
several previous reports that all political parties and their leaders
also have a responsibility to combat effectively all forms of electoral
corruption and discrimination, which, according to various credible
sources, are worrying problems in ethnically mixed areas. Poverty
is a fertile breeding ground for buying and controlling votes, and
so is the lack of education and knowledge of the language of the
country, which keeps the population dependent on the grey economy.
6. Polling
day
51. On polling day, the Parliamentary
Assembly delegation split into 10 teams and observed the vote in
Sofia and the surrounding area, as well as in various regions throughout
the country. In the polling stations observed, polling day was assessed
as generally calm, voting was transparent and well organised, polling
station staff knew what they were doing and the international observers
were well received. The members of the Assembly delegation nevertheless
noted the following technical problems and shortcomings in the polling
stations they visited:
- in general,
polling stations lacked adequate access for persons with disabilities
and elderly people, although in some places special polling stations
had been opened for people with reduced mobility;
- a limited number of polling stations opened late;
- in a polling station at Sofia university 353 voters had
voted using a supplementary voters list, which was an unusually
high figure compared with the number of voters on the ordinary list
(556);
- the delegation members were surprised by the lack of independent
observers in polling stations in both urban and rural areas;
- at the Turkish border, one of the delegation teams observed
the presence of buses registered in Turkey which had brought in
voters in an organised fashion; these voters were accompanied to
the polling stations by the mayors of the places concerned;
- isolated cases of non-compliance with the counting procedures
were observed in certain polling stations, particularly in rural
areas, although this did not have an impact on the result.
52. The CEC announced the official results of the early elections.
Five parties and coalitions passed the 4% threshold:
- Citizens for European Development
of Bulgaria (GERB) – 95 seats (32.65%)
- Socialist Party – 80 seats (27.20%)
- Patriotic Front – 27 seats (9.07%)
- Movement for Rights and Freedoms – 26 seats (8.99%)
- Volya (“Will”) – 12 seats 4.15%.
53. Voter turnout was 54.07%. The results for the other parties
were as follows: Reformist Bloc 3.06%; Yes Bulgaria 2.88%; DOST
2.86% and New Republic 2.48%.
54. In terms of voting abroad, 117 668 voters took part in the
elections, with 24% voting for GERB; 17.49% for DOST; 12.54% for
PSB; 12.05% for DPS; 10.19% for Yes Bulgaria and 7.11% for United
Patriots.
7. Conclusions
and recommendations
55. The Parliamentary Assembly
delegation concluded that the citizens of Bulgaria could make a
free choice on polling day. Voting was generally well organised,
but some procedural shortcomings were noted during counting. However,
an election is not limited to polling day.
56. The election campaign mainly focused on the issues of education,
social welfare and national identity. The Assembly delegation underlined
that the candidates were able to address voters freely, in an electoral environment
marked by public disillusionment with politics and fatigue with
the repeated holding of elections, given that six different elections
have been held in Bulgaria since 2013. Various discussion partners
highlighted the issue of participation by Bulgarians of Turkish
ethnic origin, the number of polling stations opened in Turkey and
information concerning interference by the Turkish Government in
the electoral process. In this connection, the Assembly delegation
was of the view that the newly elected National Assembly of Bulgaria
will have the responsibility to relieve both internal and external
tensions.
57. The Assembly delegation would reiterate the point made in
several previous reports that all political parties and their leaders
also have a responsibility to combat effectively all forms of electoral
corruption and discrimination, which, according to various credible
sources, are worrying problems in ethnically mixed areas, where
there is a lack of education and knowledge of the Bulgarian language,
which keeps the population dependent on the grey economy.
58. With regard to media coverage of the election campaign, the
Assembly delegation notes that, overall, Bulgaria has a pluralist
media landscape offering freedom of expression. However, the results
of OSCE/ODIHR Election Observation Mission media monitoring indicated
that the prime-time news of the national broadcaster BNT devoted
a total of only four minutes to all candidates combined. The private
channels BTV, Nova and Channel 3 displayed a similar approach by
devoting only very little primetime coverage to all candidates.
The private TV channels devoted most airtime to GERB (20%-26%);
BSP (17%-23%) and DOST (11%-12%), and between 8% and 11% to the
other candidates. Coverage of DOST was more negative than for other
parties.
59. The electoral administration worked professionally and transparently,
although their decision making was not always consistent. The voting
process was transparent, but procedural shortcomings were noted during
counting in the limited number of polling stations observed.
60. The Electoral Code is conducive to holding democratic elections
in Bulgaria and, regardless of their ethnic origin, citizens are
generally able to freely elect their representatives to the National
Assembly. However, some aspects of electoral legislation need to
be improved, in particular:
- transparency
concerning media ownership;
- proper monitoring of campaign accounts;
- more effective remedies for challenging election results;
- the criteria for establishing polling stations abroad;
- education for citizens of non-Bulgarian ethnic origin
regarding elections, including language issues;
- lack of knowledge of the Bulgarian language in ethnically
mixed areas;
- the free expression of the different points of view of
Bulgarian citizens during election campaigns regardless of their
ethnic origin, but without foreign governments interfering in the
electoral process or influencing voters’ choices.
61. The Assembly delegation calls on the authorities concerned
in Bulgaria, in close co-operation with the Parliamentary Assembly
and the Venice Commission, to improve the Electoral Code and electoral
practices, taking account of the various problems identified during
the presidential and parliamentary elections in 2016 and 2017 and
also having due regard to relevant best practice in other Council
of Europe member States.
Appendix 1 – Composition
of the ad hoc committee
(open)
Based on the proposals by the political groups
of the Assembly, the ad hoc committee was composed as follows:
- Chairperson:
Marie-Christine DALLOZ, France (EPP/CD)
- Group of the European People’s
Party (EPP/CD)
- Marie-Christine
DALLOZ, France
- Nicole DURANTON, France
- Rónán MULLEN, Ireland
- Socialist Group (SOC)
- José CEPEDA, Spain
- Anne-Yvonne LE DAIN, France
- Idália SERRÃO, Portugal
- Predrag SEKULIĆ, Montenegro
- Renata DESKOSKA, “the former Yugoslav Republic of Macedonia”
- Gordan MARAS, Croatia
- Dimitri TSKITISHVILI, Georgia
- European Conservatives Group
(EC)
- Alliance of Liberals and Democrats
for Europe (ALDE)
- Olena
SOTNYK, Ukraine
- Mart van de VEN, Netherlands
- Alfred HEER, Switzerland
- Group of the Unified European
Left (UEL)
- Venice Commission
- Eirik HOLMØYVIK, Substitute
member, Norway
- Secretariat
- Chemavon CHAHBAZIAN, Head of
Division, Election Observation and Interparliamentary Co-operation
Division
- Danièle GASTL, Assistant, Election Observation and Interparliamentary
Co-operation Division
- Gaël MARTIN-MICALLEF, Legal advisor, Venice Commission
Appendix 2 – Programme
of the ad hoc committee (24-27 March 2017)
(open)
Friday 24 March 2017
09:00 – 10:00 PACE ad hoc committee meeting:
- Opening of the meeting by Marie-Christine
Dalloz, Head of the Delegation
- Recent political developments by Teodora Kaleynska, local
expert, Associate Professor of political science, Veliko Turnovo
University, former Head of the Council of Europe Information Office
in Bulgaria
- Recent developments in the field of election legislation
in Bulgaria by Eirik Holmøyvik, Professor of Law and substitute
member of the Venice Commission, and Gaël Martin-Micallef, member
of the Secretariat
10:00 – 10:30 Meeting with Ognian Zlatev, Head
of the EU delegation in Bulgaria
10:30 – 11:30 Briefing by the OSCE/ODIHR Limited
Election Observation Mission
11:30 – 12:15 Meeting with NGOs involved in election
observation:
- Transparency International:
Kalin Slavov, Vanya Nusheva
- Citizens’ Initiative for Free, Democratic Elections: Katya
Mihaylova,
- Institute for Liberal Strategies: Daniel Smilov
- Institute for Social Integration: Lazarina Boneva
12:15 – 13:00 Meeting with representatives of the
media on election campaign coverage issues:
- Association of European Journalists: Maria Chereshova
- CEM: Maria Stoyanova, Ivo Atanasov
- BNT: Daniel Chipev, Head of Information
14:30 – 17:30 Meetings with the leaders and representatives
of main political parties and parliamentary groups:
- GERB: Djema Grozdanova, Kiril
Dobrev
- Bulgarian Socialist Party: Kaloyan Pargov, Iveta Ivanova
- United Patriots: Julian Angelov, Petrova, Dancho Hadjiev
- VOLYA (Will), New political subject: Sebastian Dobrev,
Plamen Hristov
- Movement for Rights and Freedoms: Unal Lutvi, Chetin Kazak,
Habil Habilov, Temenuga Todorova
18:00 – 19:40 Meeting with Ivilina Alexieva-Robinson,
Chairperson of the Central Election Committee and members of
the CEC
Saturday 25 March
2017
10:00 – 11:00 PACE ad hoc committee meeting: practical
and logistical arrangements, deployment plan
11:00 – 12:00 Meeting with drivers and interpreters
Sunday 26 March 2017
07:00 Observation of voting
20:00 Observation of counting at polling stations
Monday 27 March 2017
08:00 – 09:00 PACE ad hoc committee debriefing
14:00 Press conference
Appendix 3 – Statement
by the International Election Observation Mission (IEOM)
(open)
Contestants in
Bulgarian elections could reach out to voters freely, but a number
of previous recommendations remain to be addressed, international
observers say
Strasbourg, 27.03.2017 – Contestants in Bulgaria’s early parliamentary
elections could reach out to voters freely, while the low-key campaign
was generally characterised by public disillusionment with politics
and election weariness, international observers concluded in a preliminary
statement released today. The legal framework is largely conducive
to holding democratic elections, and amendments since the 2014 elections addressed
some previous recommendations for improvements, but further efforts
are needed, the statement says.
“We concluded that on election day the citizens of Bulgaria
could make a free choice in elections that were well organised,
although certain shortcomings remain. The Electoral Code allows
all citizens, independently of their ethnic origins, to elect their
representatives to the National Assembly. Also, the delegation was
informed by various interlocutors of cases of interference by the
government of a foreign country in the electoral process. The newly
elected National Assembly of Bulgaria will have the responsibility
to work to resolve both internal and external tensions,” said Marie-Christine
Dalloz, Head of the delegation from the Parliamentary Assembly of
the Council of Europe (PACE). “The Parliamentary Assembly remains
at the disposal of the newly elected Parliament to pursue its co-operation
in the framework of its monitoring procedure, in order to improve
its electoral legislation and its implementation.”
Previous recommendations by the OSCE Office for Democratic
Institutions and Human Rights (OSCE/ODIHR) and the Council of Europe’s
Venice Commission that remain to be addressed include those related
to suffrage rights, campaign finance reporting, and the complaints
and appeals system. The limitation of the number of polling stations
in non-European Union countries has a discriminatory effect, the
observers said.
“The campaign leading up to yesterday’s elections allowed
participants to compete for the support of the electorate. With
regard to the laws and rules governing elections, work still needs
to be done to bring these more in line with OSCE commitments and
other international standards,” said Roman Jakic, Head of the OSCE/ODIHR
limited election observation mission. “Today’s statement will be
followed by a final report with recommendations on how to address
the shortcomings identified in the legal framework and electoral
practice. I hope the authorities will see the final report as an
opportunity to follow up and address these issues.”
The Electoral Code prohibits campaigning in any language other
than Bulgarian, which affected the ability of some contestants to
communicate with the electorate. Some parties used inflammatory
and xenophobic rhetoric, mainly against the Roma and Turkish communities,
the statement says. The authorities and some political parties claimed
on a number of occasions that Turkish authorities interfered with
the electoral process.
The media provided contestants with a platform to present
their views through debates, talk shows and paid advertisement.
While contestants actively used the free time provided on public
broadcasters, sparse broadcast news coverage and limited editorial
content in the print media, along with a lack of political investigative
and analytical reporting, significantly limited the information
available to voters. Paid advertisement in print and, to a lesser
extent, broadcast media were often almost indistinguishable from editorial
coverage, thus misleading voters about their nature.
In general, the election administration conducted its work
in a professional and transparent manner, although the Central Election
Commission did not reach the required qualified majority to approve
several decisions. The voting process on election day was transparent,
but some procedural shortcomings were noted during counting in the
limited number of polling stations observed.
Thirty-one per cent of candidates were women. Women led 132
of the 614 candidate lists, and were well-represented in the election
administration, although there are no gender-related requirements
for the composition of candidate lists or election bodies.
The Electoral Code establishes a timely resolution process
for complaints, but does not ensure that the complainant is informed
about the time and place of the hearing or has the right to be present
or receive a copy of the decision.
The Electoral Code provides for citizen, party and international
observation, and numerous party and citizen observers were accredited.
Based, however, on its interpretation of 2016 amendments to the
Electoral Code, the Central Election Commission denied registration
to three organisations for having board members that were also candidates
or held election administration posts.