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2008 Assessment

Romania: Integrity Indicators Scorecard

Romania: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators   Score
17 Is there an election monitoring agency or set of election monitoring agencies/entities? 100
18 Is the election monitoring agency effective? 75
19 Are elections systems transparent and effective? 83

Indicator and sub-Indicator Details

17 Is there an election monitoring agency or set of election monitoring agencies/entities?
 
  17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?
 
Score: YES  NO score
  Comments:

References: Biroul Electoral Central (BEC)

The Electoral Law, 35/2008 [ LINK ]

18 Is the election monitoring agency effective?
 
  18a: In law, the agency or set of agencies/entities is protected from political interference.
 
Score: YES  NO score
  Comments:

References: The Electoral Law, 35/2008 [ LINK ]

Peer Review Comments: The agencies are run by political appointees. It might be argued that these appointments are politically balanced, although in practice this is not always the case.

  18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

  18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.
 
Score: 100  75  50  25  0  score
  Comments: For a long while Romania did not have a permanent Electoral Authority. It was set up only in 2004, through Law 373 / 2004, and put in charge of the logistics of the electoral process and the control of party finances. It remains a weak institution, however, as it has never been able to substantially control the funds of any party and publicly report the findings (it only collects self-reports from party treasurers). Moreover, its voters' database has always been a mess.

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

  18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.
 
Score: 100  75  50  25  0  score
  Comments: It does, if by "reports" we mean election results, including detailed breakdown of data by constituencies, etc. There are no other reports released by BEC.

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

  18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.
 
Score: 100  75  50  25  0  score
  Comments: Procedures are awkward, as this agency (BEC) must refer the cases to courts. In general, BEC is perceived as reluctant to act against frauds.

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

19 Are elections systems transparent and effective?
 
  19a: In practice, there is a clear and transparent system of voter registration.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

  19b: In law, election results can be contested through the judicial system.
 
Score: YES  NO score
  Comments:

References: Electoral Law, 35/2008

  19c: In practice, election results can be effectively appealed through the judicial system.
 
Score: 100  75  50  25  0  score
  Comments: The deadlines and procedures for such appeals are very restrictive; solid evidence provided by rival groups or NGOs on electoral fraud are regularly dismissed on procedural grounds.

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

  19d: In practice, the military and security forces remain neutral during elections.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

  19e: In law, domestic and international election observers are allowed to monitor elections.
 
Score: YES  NO score
  Comments:

References: Electoral Law, 35/2008

  19f: In practice, election observers are able to effectively monitor elections.
 
Score: 100  75  50  25  0  score
  Comments:

References: - Nicoleta Popescu, lawyer and civil society activist, APADOR-Helsinki Committee, Bucharest - Adrian Sorescu, civic activist and elections monitor, Asociatia Pro Democratia (APD), Bucharest

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