Expert: On the eve of municipal elections electoral reform is needed

Municipal elections in Azerbaijan  to be held in December 2014 are a good opportunity for the reform of the electoral law, said Hafiz Hasanov, head of the Public Association "Law and Development" in his interview with Turan agency. In his view, the current law does not provide the conditions for democratic municipal elections. The expert noted that the conduct of all elections and referendums in Azerbaijan  is regulated by the Electoral Code. General part of this document is universal. In this regard , electoral reform is also necessary from the point of view of the upcoming 2015 parliamentary elections.

Basis for reforming the  Election Code can be the ODIHR /OSCE recommendations made ​​on the  results of the presidential election October 9, 2013. These recommendations , as well as previous proposals by the ODIHR , include changes in the principle of formation of election commissions at all levels.

This need is dictated by the decisions  of the  European Court of Human Rights that  recognized the violation of electoral rights of citizens in the parliamentary elections in 2010 in 21 counties. Responsibility for that bear  the   district commissions and the CEC that did not eliminate the shortcomings . All this shows the ineffectiveness of the current format of election commissions , said Hasanov.

ODIHR also recommends forming electoral commission in a balanced manner with the participation of leading major political forces . If this principle is accepted, different variants of formation of election commissions  can be applied. In particular , the formation involving political forces represented in Parliament , as well as winning a certain number of votes in the previous elections to the Milli Majlis.

Another option would be the formation of election commissions of independent experts on the basis of consensus between political forces. This principle is also upheld by the opposition parties,  and  the CE Venice  commission also recommended  it.  Another necessary amendment is to change the grievance procedures.  It is proposed to consider them not in the  expert groups under the electoral commissions ,  but by and independent groups.

Changes are  necessary also due to the  consideration the complaints in the courts. They should be considered as legal evidence and copies of acts of violations. The fact  is that very often original documents are not returned  to the applicants by the CEC , and they have to submit copies.

Hasanov considers it necessary to increase the period of the election campaign from the current 60 days to 90 days.

Expert proposes to  make changes relating to municipal elections themselves. He believes it is important to simplify the procedure of registration of candidates in the municipal councils of political parties.

Hasanov advocates reform of the system of municipalities that are now deprived of real power; and power belongs to the executive agencies.

Hasanov said that there is enough time to reform  the electoral code before the municipal elections. With the cooperation of the authorities , political parties , experts and international organizations  it is possible to work out and adopt necessary amendments to the Electoral Code , considers Hasanov.–06B-