In many countries, the electoral legal framework has evolved into a complex combination of legal laws and regulations, judicial regulations and actual practices. Some electoral laws may be newly created or updated, while others may base their operation on outdated laws that are obsolete but still in force. There may be gaps, conflicts and inconsistencies between different parties that shape a legal framework and, consequently, the electoral process. In Argentina, for example, the Argentina section of Transparency International noted that there were more than 90 different articles of legislation dealing with issues of political party financing. 73 Reform of the legal framework can become the starting point for restoring the integrity of the electoral process. This was the case, for example, in Mexico, where electoral reform has become the « lever »76 of genuine democratic change. The implementation of the new electoral legislation served as a basis, a new institutional framework and the creation of various forms of participation. These institutions have established the procedures and working methods that have strengthened the provisions of the new legislation relating to the integrity of elections. This round of reforms has successfully provided the necessary integrity framework for Mexico`s electoral system.
77 For more information on the legal framework for elections, see Legal instruments (doctrine/theory). To ensure that election results reflect the will of voters as faithfully as possible, the legal framework must protect the principles of freedom, fairness and electoral jurisdiction (see Fair and Just Trial). These can, as in the Philippines, for example, be oriented towards the search for an honest, orderly, peaceful and credible context and give the country`s citizens equal opportunities in the public sector. 74 The legal framework can protect the integrity of the election in a variety of ways. The authority is given to certain bodies that perform certain functions. However, this power can be limited if we divide this power between the different institutions and subject them to a series of revisions and adjustments. For example, one electoral management body has the authority to hold elections, but another body may have the authority to set electoral boundaries or manage public funds for political parties. The legal provisions include guidelines for determining the structure of electoral administration, instructions to election administrators on how to carry out their work, and the rights and obligations of political parties, the media, voters and other participants in an election. These factors include both the political aspects of the country in which the company operates and the factors that constitute the legal framework of that country.
If a company decides to launch an internationalization strategy (which means that it will compete in countries other than the country of origin), it is very important that it receives information about its political structure (especially if the country maintains some political stability) and legal (for example, competition regulation). Some examples of political-legal factors important for the enterprise may be: competition law (laws on monopolies), commercial law (which regulates the operation of commercial enterprises in their various forms: anonymous, limited, cooperative, labor law), labor law (labor market regulation and protection of workers), consumer protection legislation, legislation on the quality and safety of products and services, legislation on environmental protection, energy consumption, tax policy, subsidy and state aid policy, social and equality policy and political stability (government situation, opposition party policy, etc.). The legal framework allows the electoral authority to carry out the tasks of conducting the election in accordance with the structure described in its provisions. It also empowers political parties to obtain funds and participate in elections in accordance with established legal provisions. Finally, it ensures that voters retain their political rights to vote and elect their government representatives. For reasons of integrity, it is very important to review the legal concept as a whole in order to understand the legal framework and, if necessary, to determine the necessary remedies and, if applicable, the nature of the final measures to be taken. In emerging democracies, the rules for free and fair elections are changing even more. In these cases, it is very important to include the basic principles in the legal framework. According to Dr.
Robert Pastor, in the case of elections held in countries in transition from authoritarian to democratic rule, « the challenge is to negotiate electoral rules in such a way that all parties accept and respect them. » 75 Once this basic legal framework has been finalised, the development of this work can begin in the institutional and administrative context with a view to the electoral process.