Towards the parliamentary elections in 2011, again we point out the disproportion of the number of voters per each constituency that is not within the legal limits. We remind that the Law on Election of Representatives to the Croatian Parliament predicts that the difference between the number of voters in individual constituencies does not exceed + / – 5%. At the parliamentary elections in 2007 this difference in some constituencies was higher, so the same is expected in the upcoming elections.
Towards the parliamentary elections in 2011, againwe point out the disproportion of the number of voters per each constituency that is not within the legal limits. We remind that the Law on Election of Representatives to the Croatian Parliament predicts that the difference between the number of voters in individual constituencies does not exceed + / – 5%. At the parliamentary elections in 2007 this difference in some constituencies was higher, so the same is expected in the upcoming elections.
· GONG warns: election results in certain constituencies will be questionable in terms of constitutionality and legality of the elections, which was also pointed out by the Constitutional Court in its Report in December 2010 on unequal voting relevance. The report warned that the elections would be contrary to the Constitution if the excessive variation in the number of voters in each general constituency directly influenced the election result, and, as stated in the report, considerable deviation in the number of voters could become unacceptable from a constitutional point of view. This Report (Official Gazette no.142/10) was sent to the Croatian Parliament.
· GONG stresses the responsibility of the Croatian Parliament and Government who did not propose and adopt amendments to the law in time, also, as well as the responsibility of the Constitutional Court, which reacted too late.
· GONG urges political protagonists who will participate in the elections not to abuse the existing legal situation and not to cause a constitutional crisis after the elections, by challenging the legality of the election results based on inconsistencies of voters in the constituencies.
· GONG demands that the future Parliament and Government urgently approach the regulation of the electoral legislation in order to avoid potentially unconstitutional and illegal parliamentary elections in the future.
The cause of this situation is the Law on Residence, which allows the so-called “fictitious double residence” which directly leads to an unrealistic number of voters per constituency. In addition, there are no rules in “drawing boundaries” of constituencies; there are no deadlines or responsibilities for monitoring changes in the number of voters per constituency, nor rules proposing “new boundaries”. In addition, there are no rules on supervisory bodies or their authorities in the process of “drawing boundaries”, as well as rules on public participation in the process, as the Constitutional Court warned.