This study compares citizen election observation regulations across the EU and identifies common challenges and possible responses to those. The recommendations of this study seek to enhance the regulation of independent citizen election observation and advocate for the introduction of OSCE recommendations and implementation of standards regarding citizen election observation into EU and EU Member States law.

This study is part of the multi-country project “European voters – together for electoral integrity,” which aims to empower European citizens to improve democratic electoral processes on a local, national, and European level, and to protect the integrity of elections in Europe as a fundamental human right of European citizens.

Authors: Sławomir Szyszka, Alexander Shlyk

Executive summary

The right to non-partisan citizen election observation is enshrined in binding international obligations, declarative commitments, and best practices for democratic elections. As signatories to the 1990 OSCE Copenhagen Document and other relevant international documents and best practices in the field of democratic elections, EU Member States are committed to enabling and promoting non-partisan citizen election observation.

However, this study shows that only 15 (or slightly more than half) of the EU states have provisions that allow citizens to observe the procedures on election day, either by introducing the term “observers” and specifying their rights and obligations, or by more general provisions that allow all citizens to be present during voting and counting. In some states, the situation is unclear, and there is no conclusive information on the practice.

Only nine states have introduced citizen election observer status in their legal systems. This status makes it possible to clearly define the rights of citizen election observers and to impose reasonable restrictions on their activities. This status may also be important in the context of longterm observation of aspects of the electoral cycle other than voting and counting. In some legal contexts it might be necessary, for example, to observe the verification of support signatures for potential candidates or the resolution of complaints.

As a rule, most of the states that legislated for citizen observers also introduced procedures for their accreditation. This means that a total of only eight EU Member States provide for accreditation for citizen observers.

Since 2000, OSCE/ODIHR election missions have formulated over 90 recommendations to current EU states that relate directly to citizen election observation. Two-thirds of these recommendations are general in nature and concern the need to provide access to all aspects of an electoral process. Others relate to specific aspects or procedures. Only ten EU states have implemented the general recommendations, while no more than seven have implemented all of the OSCE/ODIHR recommendations.

Recommendations

The findings of this study are meant to provide impetus to develop and strengthen citizen election observation in EU Member States. For this purpose, following recommendations are addressed to both EU institutions and member states. They are of a general nature and are intended to point the way towards reforms aimed at strengthening the integrity of elections by promoting citizen control over their conduct.

1. EU institutions and Member States should work together to protect and increase space for civil society organizations to operate, including by promoting participation in monitoring and reporting on electoral processes.
2. EU Member States should include provisions in their electoral laws to ensure and facilitate access of citizen observers to all electoral proceedings, including sessions of electoral commissions at all levels, thus implementing the OSCE/ODIHR recommendations.
3. EU Member States should review and, if necessary, amend laws to ensure that NGOs have access to all important data and documentation needed for effective monitoring of electoral processes
4. The EU should create instruments of financial support for citizen organizations that evaluate election processes and monitor all aspects of the electoral cycle before and after the election campaigns, including organizations dealing with voter education
5. The EU institutions should develop a set of measures ahead of the 2024 EP elections to strengthen the capacity of civil society organizations to observe various aspects of these elections and encourage Member States to take the necessary measures to fully comply with the OSCE’s commitments to citizen election observation.
6. Election management bodies of EU Member States should specify and emphasize the role, rights and obligations of citizen election observers in relevant regulations and manuals and ensure that the role of citizen observers is communicated at all levels of election administration, i.e. in the instruction materials.

This study is part of the multi-country project “European voters – together for electoral integrity,” which aims to empower European citizens to improve democratic electoral processes on a local, national, and European level, and to protect the integrity of elections in Europe as a fundamental human right of European citizens.

Project partners:

• Germany: European Platform for Democratic Elections (EPDE)
• Poland: Political Accountability Foundation
• Hungary: Unhack Democracy
• Romania: International Elections Study Center (IESC)
• Sweden: Swedish International Liberal Centre (SILC)
• Slovakia: MEMO 98