A legal framework capable of successfully prosecuting individuals or organizations that caused water pollution. Laws are generally based on the establishment of “end of pipe” conditions, and these are set in terms of load transferred rather than concentration. Typically, random load fluctuations are taken into account, so the specification is represented as a percentile (often 90, 95, or 99) rather than an absolute value. Caution should also be exercised with regard to the objectives of a final review such as the annulment of elections. In order to express the will of the people, election results should be annulled only in exceptional situations where evidence of illegality, dishonesty or fault is evident and the election result has been distorted. [ii] Another contextual factor that challenges the process is demographics. As a small country island with only about 90,000 inhabitants and 60,000 voters, everyone knows everyone and news of what people say will move easily – for better or worse. This has made it problematic to promote legal reform, as people tend to avoid questioning views because words can simply circulate and have repercussions. Where possible, it is recommended to appoint professionals who are familiar with the legal framework of election administration.
As a general rule, it is required that at least some of the persons who make up the electoral authorities be lawyers. Certain matters affecting lower election authorities may be exempted from such a requirement if circumstances warrant. The independence and impartiality of electoral authorities, which include officials or judges appointed by the ruling party, may be compromised. A reasonable solution can be found in cases where political parties are entitled to express their opinion before the electoral authorities without being entitled to play a role in the resolution of electoral issues. When approaching the instruments in this section, it is important to consider both regulation and compliance (B1) and coordination and facilitation (B3), which correspond to the legal framework of the water management system to be developed. In addition, given the wide range of sectors dealing with water resources management, it is important to have a cross-sectoral overview of all applicable laws in order to avoid conflicting rules. It is sometimes a difficult exercise. Here are some important considerations and warnings for addressing legal frameworks: A saying that is often repeated in the electoral arena is that it is possible to hold a credible election within a weak or even poor legal framework if the governmental power has the will to do so – and it is extremely difficult to conduct a credible election. Even within a solid legal framework for democratic elections, if the powers that be intend otherwise. Civil society therefore has a responsibility to organize itself to monitor the implementation of the legal framework, to ensure that credible elections take place and to expose the facts when the elections are not credible.
Knowledge of the legal framework is essential to be able to make this distinction accurately. [x] The role of the judiciary in interpreting the legal framework remains critical, particularly in the case of Egypt “Given the growing polarization of the nation and growing mistrust between Islamists and other groups, the Egyptian judicial system has become the final arbiter to settle most disputes.” [x] The legal framework should provide for regular reporting on contributions and other revenues and expenditures, as follows: “Legitimate restrictions on campaign spending are meaningless without reporting and disclosure requirements.” [xliii] Electoral authorities must be required by law prior to the election. It is also essential that electoral authorities have sufficient financial resources to carry out their tasks. The legal framework should contain clear and objective rules on the financing of the permanent activities of electoral authorities in order to prevent budgets from becoming a political instrument that can be used by a parliament, political parties or the government against electoral authorities. The organization of territorial, political and state systems differs from one country to another and influences the design of the electoral framework. Similarly, the legal instruments on which the electoral framework is based may differ considerably and be further differentiated by different legal traditions interpreting and applying the law. These fundamental principles have a major influence on the design and revision of the legal framework for elections in order to be relevant to the country concerned. Brewer-Carías warned that the reasons analyzed above are based on many legal and undefined concepts (such as “necessary safeguards”, “significant violations”, “malicious acts that harmed the election”, “general distortion of the election count”, “serious irregularities”) that do not support judicial discretion (which is considered a power of free and prudent resolution, whichever is more practical), but elective judicial activity based on good judgment (such as how judges resolve legal controversies by assessing all the circumstances surrounding the case in accordance with the law).
