06.05.2026. » 11:56 | ACDC
DiA: The new CEC regulation on observers restricts independent election observation
The coalition of election observation organizations “Democracy in Action” (DiA) assesses that Electoral Regulation No. 04/2026 on Election Observers, adopted by the Central Election Commission on April 29, 2026, contains provisions that go beyond the framework established by the Law on General Elections and directly affect the way election observation is carried out by civil society organizations.
Unlike the previous regulatory framework, which based the accreditation of observer organizations on formal verification of legal requirements, the new regulation transforms the process into a restrictive, obstructive, and controlling mechanism toward civil society in election observation. This regulation does not derive from the law and, as such, undermines the freedom of association and the principle of legal certainty for organizations. Moreover, the process of drafting and adopting this regulation was conducted without any prior consultation with civil society organizations and without any public notice.
Specifically, the regulation includes provisions [Article 3.6] that unlawfully grant the CEC the authority to refuse the accreditation of an observer organization based on “data from competent institutions regarding risks to the legal and constitutional order.” This responsibility does not fall within the mandate of the CEC, as only courts have the authority to decide on such matters.
Furthermore, an additional provision [Article 3.4] grants the CEC authority beyond the law to request, at its discretion, supplementary documentation related to the sources of funding of organizations engaged in election observation. Election observation is not conditioned on the existence of dedicated funds, as the right to observe elections, as a civic right, may also be exercised on a voluntary basis. Moreover, the issue of NGO funding sources is regulated by other legislation, the monitoring of which falls under the responsibility of other state institutions.
As a criterion for the accreditation of observer organizations, the Regulation [Article 3.2] also requires the submission of detailed information, including founders, governing structures, and annual reports of NGOs, significantly expanding the scope of information required for accreditation. The law clearly defines that the criteria for accreditation are the registration certificate and the statute of the organization, through which the organization’s scope of activity is verified, which must relate to elections or human rights.
On the other hand, with the aim of safeguarding the integrity of the electoral process, DiA has consistently recommended that the CEC should not allow the engagement of commissioners, election staff, or observers who have been convicted or are under investigation for electoral violations. However, in the new regulation [Article 3.8], this restriction is applied only to observers and not to commissioners or election staff—
constituting discrimination and a violation of the principle of equality before the law. Furthermore, the responsibility for verification should lie with the CEC and other public institutions, not with observer organizations or the observers themselves.
The Regulation [Article 8.4] further stipulates that only accredited observer organizations may send observers to meetings of the CEC and Municipal Election Commissions (MECs). This provision violates Article 9 of the Law on Elections, which states that CEC meetings are open to the public without exception, except in cases where issues related to CEC personnel are discussed.
Democracy in Action recalls that election observation is essential for the transparency of the electoral process and for public trust in its outcomes. The imposition of additional conditions and requirements beyond the law directly affects how observation is conducted in practice, limiting the space for observation and, consequently, the level of integrity and legitimacy of the electoral process.
For these reasons, Democracy in Action calls on the CEC to promptly review Electoral Regulation No. 04/2026, remove provisions that exceed the legal basis, and ensure that the regulation of election observation is grounded in clear, equal, and enforceable democratic standards for all.
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