Rules of Procedure of the Assembly (January 2023)
(Resolution 1202 (1999) adopted on 4 November 1999) with subsequent modifications of the Rules of Procedure* 
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Observation of elections by the Parliamentary Assembly Retour au sommaire Atteindre l'élement suivant Atteindre l'élement précédent
- Observation
of elections by the Parliamentary Assembly
Bearing in mind the objectives and
the political nature of the Parliamentary Assembly’s observation
missions as well as the problems deriving from the past co-operation
agreements with other international institutions, the following
guidelines were adopted by the Bureau of the Assembly on 31 May
2018 and updated
by the Bureau on 23 May 2019.
and updated
by the Bureau on 23 May 2019. A. Elections to be observed
1. For the Parliamentary
Assembly of the Council of Europe (hereafter, the Assembly), the observation
of elections plays an important role in the assessment of the democratic
governance and the overall political situation of the country in
question. In practical terms this entails the observation of elections
or referenda in any state where any of the following circumstances
apply: it has applied for membership of the Council of Europe; its
parliament has requested or enjoys special guest status or partner
for democracy status with the Assembly; it is subject to the monitoring
procedure or to the post-monitoring dialogue. If the Assembly receives
an invitation, the Bureau may also decide to observe elections/referenda
in other states when exceptional circumstances have been brought
to its attention.
2. Observation of
parliamentary and presidential elections as well as of referenda
in an applicant state or a state under the monitoring procedure,
or post-monitoring dialogue, and parliamentary elections in states
where the parliament enjoys special guest status or partner for democracy
status, is an inalienable right of the Assembly. A
state’s lack of cooperation with the Assembly, or its refusal to
accept an election observation mission from the Assembly may give
rise to a debate at the part-session or Standing Committee meeting
following the elections in question. It may result in the freezing
of the application procedure, the withdrawal of special guest status
or partner for democracy status or the challenging of the credentials
of the national delegation concerned.
A
state’s lack of cooperation with the Assembly, or its refusal to
accept an election observation mission from the Assembly may give
rise to a debate at the part-session or Standing Committee meeting
following the elections in question. It may result in the freezing
of the application procedure, the withdrawal of special guest status
or partner for democracy status or the challenging of the credentials
of the national delegation concerned.3. The observation
of regional and local elections is the responsibility of the Congress
of Local and Regional Authorities of the Council of Europe (the
Congress). If the Assembly receives an invitation to observe such
elections and the Bureau decides to observe them, the Assembly ad
hoc committee shall be part of any election observation mission
the Congress may deploy. A report on these elections by the Congress,
sent to the President, should be referred, via the Bureau, to the
Monitoring Committee.
B. Ad hoc committees
4. Once
the Bureau has decided to observe an election, it sets up an ad
hoc committee consisting in general of up to 40 members following
proposals by the political groups, on the basis of the D’Hondt system,
on the understanding, however, that each political group shall be
represented.
5. The ad hoc committees include ex
officio any country-specific rapporteurs of the Monitoring
Committee or of the Committee on Political Affairs and Democracy
already appointed. Rapporteurs are not included in the quotas allocated
to the political groups and shall not be appointed chairpersons
of the ad hoc committees. The rapporteurs have a special responsibility
to participate during the whole mission due to their specific competence
that is of utmost importance for the mission as a whole.
6. The Bureau may also decide
to send a pre-electoral mission around one month before the observation
mission. The pre-electoral delegation consists of one representative
per political group, and the country-specific rapporteurs mentioned
in paragraph 5.
7. The Bureau may also decide
to conduct a post-electoral mission if the post-electoral context
so requires (e.g.: results disputed, elections marred by irregularities,
post-electoral political and/or institutional crisis). The membership
of the post-electoral delegation is generally identical to that
of the pre-electoral delegation.
8. The Bureau may also decide
to establish an ad hoc Committee, in the form of an Election Assessment
Mission, normally composed of one member from each political group,
but never less than three members, in order to guarantee a minimum
political and geographical balance. The Election Assessment Mission
will report its findings in the form of a memorandum by its Chairperson
to the Bureau. No pre-electoral mission will be conducted. In the
event that three members cannot be identified for an assessment
mission, the mission shall be cancelled.
9. When there is an election
with two rounds, the composition of the delegation for the observation
of the second round should, in general, be identical to that of
the pre-electoral delegation.
10. In accordance with article
15 of the co-operation agreement signed on 4 October 2004 between
the Assembly and the Venice Commission, one or more representatives
of the Venice Commission may be invited to join the Assembly’s election
observation mission as legal adviser(s).
11. The election observation
delegation is composed of the members of the ad hoc committee, representative(s)
of the Venice Commission and the members of the Assembly and Venice Commission
secretariats. The chairperson of the ad hoc committee is the “Head
of Delegation”.
12. Once the Bureau has decided
to set up an ad hoc committee, the Assembly’s secretariat contacts
the secretariats of the political groups and asks each group to
appoint the members and substitutes of the observation mission.
Each political group sends its list of members and substitutes to
the secretariat of the Assembly not later than 2 working days prior
to the meeting of the Bureau where the list of the ad hoc committee
will be approved.
13. Political groups should
bear in mind that appointments to an ad hoc committee should respect:
the principle of gender balance having regard to gender membership
of their respective groups; fair geographical representation and
be based on the candidate’s linguistic capability to participate
meaningfully in the work of the mission, given that on the spot,
and as far as possible, the Council of Europe provides interpretation
to and from English or French only. Members
of ad hoc committees may not observe elections in their own country.
Political groups should not appoint members who took part in non-official
missions conducted for the purpose of observing elections or in
connection with elections in the country concerned and which were sponsored
by or undertaken at the invitation of a State, a parliamentary,
governmental or non-governmental organisation, association, foundation
or any other natural or legal person.
Members
of ad hoc committees may not observe elections in their own country.
Political groups should not appoint members who took part in non-official
missions conducted for the purpose of observing elections or in
connection with elections in the country concerned and which were sponsored
by or undertaken at the invitation of a State, a parliamentary,
governmental or non-governmental organisation, association, foundation
or any other natural or legal person.14. While every effort should
be made to ensure the political balance of ad hoc committees observing
elections, in the event that certain political groups fail to come
up with sufficient candidates while other groups have waiting lists,
the principle of a political equilibrium may be foregone in the
interests of having a strong presence of the Assembly during the
election observation. In such circumstances, a notification by the
Secretary General of the Assembly will suffice.
15. The Bureau approves the
composition of the ad hoc committee and appoints its chairperson
from among the members (with the exception of the ex officio rapporteurs
– see paragraph 5 above). The Chairperson shall be neither a national
of a neighbouring country nor a member of a friendship group in
his/her national parliament of the country where elections are being
observed. The Chairperson should have participated in at least two
election observation missions of the Assembly.
16. If a pre-electoral mission
is decided, the nominated chairperson is considered as the representative
of his/her political group in the pre-electoral mission. The secretariats
of the other political groups shall communicate the names of their
representatives for the pre-electoral mission.
17. The chairmanship of ad
hoc committees shall rotate between political groups to ensure an overall
political balance over a calendar year. The same political group
shall not chair two consecutive election observation missions in
a given country.
18. At internal meetings of
the ad hoc committees, in addition to the members, the only persons
authorised to participate are the members of the Council of Europe
secretariat. In exceptional cases, ad hoc committee members may
be accompanied at internal meetings of ad hoc committees by interpreters,
subject to prior approval by the Head of Delegation.
C. 
Conflict
of interest and code of conduct of members
19. Members of ad hoc committees
for the observation of elections shall abide by the provisions of
the Code of conduct for members of the Parliamentary Assembly of
the Council of Europe as well as the Code of Conduct for International
Election Observation Missions (IEOM). Additionally, the provisions
of the Code of conduct for rapporteurs of the Parliamentary Assembly
shall apply mutatis mutandis to chairpersons of ad
hoc committees. Any alleged violation of
the above-mentioned provisions will be dealt with in accordance
with the procedure set out in paragraphs 19 to 29 of the Code of
conduct for members of the Parliamentary Assembly.
Any alleged violation of
the above-mentioned provisions will be dealt with in accordance
with the procedure set out in paragraphs 19 to 29 of the Code of
conduct for members of the Parliamentary Assembly. 20. All candidates
for membership of an ad hoc committee, at the time of putting forward
their candidacy, shall make a written declaration of any actual
or potential conflict of interest concerning them or members of
their families, whether related directly or indirectly and/or with whom
they are in regular contact, in connection with the country concerned
by an election observation.
21. All members of an ad hoc
committee shall sign a written declaration confirming their knowledge
and obligation to respect the Code of Conduct for International
Election Observation Missions. The aforementioned declarations shall
be made available to the Bureau when it approves the composition
of an ad hoc committee. Failure to sign such declarations shall
disqualify the member concerned from being appointed to an ad hoc
committee.
D. Elections as a process
22. An election and
its observation do not concern the polling day only, but a process
involving several stages, all of which need to be analysed and evaluated
in order to assess the entire electoral process.
23. The process starts
with the assessment of the electoral legislation. The quality and
predictability of the electoral legislation is a major criterion
to assess an election. This assessment relies in particular on legal
opinions that the Venice Commission has adopted on the legislation in
question. The application of electoral legislation in good faith
is also a criterion for evaluating an election.
24. The second stage
starts with the date when an election is called. In normal circumstances, involving
regular elections that date should be reasonably distant from the
polling day in order to allow all political stakeholders to prepare
for an electoral contest. The third stage starts with the opening
of the electoral campaign. The fourth stage is the polling day,
which includes the opening of the polling stations, the voting itself,
the closing of the polling stations, the vote counting and the tabulation.
The final stage is the declaration of results of the election, followed by
a period where complaints may be lodged.
25. In assessing all stages
of the electoral process, due attention should be given to the gender perspective,
especially in terms of participation, balanced representation and
the right to take part in the electoral process, as regards both
voters and candidates, without being subjected to sexist hate speech,
sexist acts or sexual harassment.
E. Co-operation in the field with the Assembly’s partner organisations
26. Usually, the
Assembly observes elections as part of an International Election
Observation Mission (IEOM), which may include the OSCE Office for
Democratic Institutions and Human Rights (OSCE/ODIHR), the OSCE
Parliamentary Assembly, the European Parliament and the NATO Parliamentary
Assembly. The modalities of cooperation within the IEOM shall be
established by an Agreement between the organisations concerned.
The Head of Delegation of the Assembly represents it at meetings
of Heads of delegation within the framework of the IEOM.
27. Co-operation
with other international organisations within the framework of the
IEOM should be continuous during the observation process, including
for the organisation of the programme of the mission, in order to
ensure, in so far as possible, that assessments of the elections do
not differ. To ensure good and smooth co-operation, Heads of delegations
should cooperate as early and regularly as possible in the course
of the observation missions. In the case of a pre-electoral mission,
the Assembly delegation shall meet with the OSCE/ODIHR mission in
the country (if already deployed).
28. In case the OSCE/ODIHR
long term observation mission is prevented from being deployed,
the Assembly should abstain from sending its own mission.
F. Conduct and practical organisation of the observation
General aspects:
29. The practical organisation
of observation missions is ensured by the Assembly secretariat in
consultation with the Head of Delegation. Members of the Assembly
and the Venice Commission secretariats advise the Head of Delegation
and other members of the ad hoc committee in fulfilment of their
responsibilities.
30. The national parliament
of the country observed shall be invited to provide assistance with regard
to the organisation of the programme of the pre-electoral and post-electoral
missions, as well as the accreditations and visas for all members
of the delegation, in due time, including for the observation of
out-of-country voting and early voting if necessary. The relevant
authorities shall ensure the freedom of movement and security of
all members of the delegation throughout the territory.
31. The financing of the participation
of members of ad hoc committees in the work of these committees
shall be borne by the respective national parliaments of the members.
Pre-electoral missions:
32. The pre-electoral mission,
if so decided by the Bureau, consists of two to three days of on-site
meetings, usually in the capital city. Depending on the circumstances,
meetings and visits elsewhere may be organised.
33. The main aims of a pre-electoral
mission are to assess: the election legislation and its application,
including the availability of appeals; the political situation;
the arrangements for the election campaign; and coverage of the
election campaign by the media, the administration of the election
and the work of the election authorities. For this purpose the delegation
shall meet with the OSCE/ODIHR mission – if one is present – and
representatives of the international community; representatives
of media and NGOs; the leaders of the main political parties and/or
the presidential candidates; and, with representatives of the national
authorities involved in the electoral process.
Election Observation missions:
34. In general, a mission lasts
four to five days including: internal briefings of the delegation and
joint briefings with any partner organisations; observation of the
opening of polling stations, voting, vote counting and reporting
of results; debriefing of the delegation following polling day and
the press conference.
35. Members of the delegation
shall refrain from engaging in public statements, interviews, press
conferences or communications via social networks which could contradict
the final assessment made by the ad hoc committee. They shall also
refrain from engaging in public activities which could appear to
interfere in the electoral process or could be considered as partisan, including
meetings with national authorities and/or political actors outside
the official programme of the election observation mission. The
above provisions apply at all stages of the process from the moment
of appointment to the ad hoc committee until the statement of the
election observation mission is published. The same applies to post-electoral
missions.
36. Members of the delegation
may ask questions of election officials, political party representatives
and other observers inside polling stations and may answer questions
about their own activities, as long as they do not obstruct the
election process. In answering questions they should not seek to
influence the election process. They may ask and answer questions
of voters but shall not ask them how they voted. They may bring
irregularities, fraud or significant problems to the attention of
relevant election management bodies, unless this is prohibited by
law, and shall do so in a non-obstructive manner.
37. The Head of Delegation
shall ensure that the delegation will cover as wide as possible
a geographical area of the country when observing the elections.
Members of the delegation shall be ready to accept deployment outside
of the capital city of the country where the elections are being
observed. When applicable, and so decided by the Head of delegation,
members of the delegation could also be requested, in their countries
of residence, to observe out-of-country voting.
38. Members are entirely free
to carry out their observation as they see fit on polling day within
their area of deployment: they should not disclose their itinerary
nor the polling stations they intend to visit. However, for security
reasons, some areas or regions may be restricted. Members should
follow security measures and recommendations put in place by OSCE/ODIHR
security officers and/or the Council of Europe Security department.
Members must not incur unnecessary or unjustified risks for themselves
or for others.
39. Members of the delegation
shall plan their travel arrangements in a way that will allow them
to participate in the briefings in their entirety, to observe on
polling day (opening, voting, vote count and tabulation of results)
and to participate in the delegation debriefing on the morning following
the elections. It is understood that those members who are unable
to attend the debriefing in the capital because they were deployed
outside it, may report their conclusions by phone or by e-mail.
Heads of delegation shall make their travel arrangements taking
into account the press conference which usually takes place in the
afternoon of the day following polling day.
Post-electoral missions:
40. The
organisation of post-electoral missions, if so decided by the Bureau,
is similar to that of pre-electoral missions, due account being
taken of the post-electoral context and developments.
G. Election observation reports and statements
Pre-electoral missions:
41. Following a pre-electoral
mission and before leaving the country, the members of the pre-electoral
mission shall publish a statement based on the reports and relevant
documents of the Council of Europe and information received from
different interlocutors. The statement should cover, amongst others,
the following aspects: legal framework; political context; election
administration; voters, party and candidates registration; election
campaign, campaign financing and media, gender equality and non-discrimination.
No press conference shall be organised following such a mission.
Election observation missions:
42. In the framework
of an International Election Observation Mission, a joint preliminary statement
is issued and presented during a joint press conference which takes
place on the day following polling day. This statement is discussed
and prepared jointly by all Heads of delegations in the field. When
preparing the Assembly’s contribution to the joint statement, the
Head of delegation shall take into account key aspects raised by
members of the delegation, including during the debriefing following
polling day.
43. If the Assembly’s
usual partner organisations in IEOMs do not deploy an observation
mission, the ad hoc committee shall issue a statement covering the
pre-electoral period and the polling day. It shall be based on the
findings and statement of the pre-electoral mission (if applicable),
on the information received during the meetings held during the
mission, as well as on relevant documents of the Council of Europe
and other reliable sources. Such a statement whose draft is prepared
under the authority of the Head of delegation, shall be discussed
and approved at the debriefing of the delegation immediately following
the polling day.
44. Following the
election observation mission, the Head of delegation shall draft
a report which is submitted to the Bureau for adoption and subsequently
to the Assembly or to the Standing Committee as part of the progress
report of the Bureau.
45. This report shall
be based on the information received during the meetings held during
the IEOM with various interlocutors, in line with the press release
and preliminary findings and conclusions of the IEOM. It should
take into account the comments and assessments of members of the
delegation regarding polling day made during the delegation’s debriefing
following polling day, as well as relevant Council of Europe documents
and other reliable sources (e.g. OSCE/ODIHR). All members of the
ad hoc committee shall be consulted on the draft before it is issued
within a deadline fixed by the Head of delegation.
46. The final report
should also cover the following aspects: polling day and results;
complaints and appeals.
Post-electoral missions:
47. Following a post-electoral
mission, and before leaving the country, the members of the post-electoral
mission may publish a statement on their findings focusing on the
post-electoral issues and based on reports and relevant documents
of the Council of Europe and information received from different
interlocutors and other reliable sources. No press conference shall
be organised following the mission.
H. Appendix – Code of Conduct for International Election Observation Missions (IEOM)
1. The International
Election Observation Mission is composed of delegations coming from the
following organisations: OSCE/ ODIHR, the Parliamentary Assembly
of the Council of Europe, the Parliamentary Assembly of the OSCE,
the NATO Parliamentary Assembly and the European Parliament. The
rules of conduct and behaviour defined within the present code shall be
respected by members of the IEOM. The work of each IEOM starts at
the opening of the first joint meeting and ends at the closure of
the post-electoral press conference.
2. Members of IEOM
shall follow the Code of Conduct for International Election Observers, being
a part of the “Declaration of principles for international election
observation”. It includes the
following general rules of conduct:
It includes the
following general rules of conduct: — Respect the sovereignty of the host country and international human rights instruments— Respect the laws of the country and the authority of electoral bodies— Maintain strict political impartiality at all times— Respect the integrity of the IEOM— Do not interfere in election processes— Maintain accuracy of observations and professionalism in drawing conclusions— Refrain from making comments to the public or the media before the IEOM speaks collectively— Cooperate with other election observers— Maintain proper personal behaviour.
3. Members of the
IEOM shall respect the sovereignty, the laws and regulations of
the host country, including showing sensitivity for the host-country’s
culture and customs, and maintain a respectful attitude toward election
management bodies charged with administering the electoral process
and other relevant national authorities.
4. Members of the
IEOM shall respect and protect the integrity of the international
election observation mission. Members of the IEOM must maintain
strict political impartiality at all times in the host country.
They must not express or exhibit any bias or preference in relation
to national authorities, political parties or candidates or in relation
to any contentious issues in the election process. They must not
wear or display any partisan symbols, colours, banners or accept
anything of value from political competitors.
5. Members of the
IEOM shall refrain from engaging in public activities which could
appear to interfere in the electoral process or could be considered
as partisan, including meetings with national authorities and/or
political actors outside the official programme of the IEOM.
6. Members of the
IEOM shall declare any actual or potential conflicts concerning
any economic, commercial or financial interests on a professional,
personal or family level in the country concerned. They shall also
declare their membership of friendship groups within their national
parliaments with the country concerned.
7. Members of the
IEOM shall respect in the conduct of their duties within the IEOM
the modus operandi for election observation endorsed by their respective
organisations.
8. Members of the
IEOM shall participate fully in the work of the IEOM: they shall
arrive in the country where elections are taking place sufficiently
in advance in order to follow the entire programme and attend all
required meetings, briefings and debriefings.
9. Members of the
IEOM shall respect the deployment plan and all other arrangements
and instructions provided. On election day, they shall attend polling
stations, observe the opening, voting, closing and counting of ballots,
and inform their respective delegations of their conclusions based
on their personal observations or clear facts and evidence.
10. Members of the
IEOM may ask questions of election officials, political party representatives
and other observers inside polling stations and may answer questions
about their own activities, as long as they do not obstruct the
election process. In answering questions they should not seek to
influence the election process. They may ask and answer questions
of voters but shall not ask them how they voted. They may bring
irregularities, fraud or significant problems to the attention of
relevant election management bodies, unless this is prohibited by
law, and shall do so in a non-obstructive manner.
11. The IEOM members’
judgments must be based on the highest standards for accuracy of information
and impartiality of analysis, distinguishing subjective factors
from objective evidence, significant from insignificant factors
and identifying patterns that could have an impact on the integrity
of the election process.
12. Members of the
IEOM must refrain, until after the press conference, from engaging
in public statements or comments to the media, interviews, press
conferences or communications via social networks, other than general
remarks regarding the nature, role and activities of the observation
mission.
13. Members of the
IEOM shall maintain proper personal behaviour, exercise sound judgment
in personal interactions and observe the highest level of professional
conduct at all times. They should not take unnecessary or undue
risks for themselves and/or others and should follow safety and
security recommendations.
14. In the event
of a breach of the present code of conduct, the member concerned
shall be subject to the rules and procedures of the organisation
in whose delegation he/she is participating in the International
Election Observation Mission.