Quote
"Especially with dual complaint and appeal procedures, which involve electoral commissions and ordinary courts, the electoral law should clearly regulate the respective powers and responsibilities so that a conflict of jurisdiction can be avoided. Neither the appellants nor the authorities should be able to choose the appeal body (see CDLAD(2002)023rev, II.3.3.c. and para. 97). Thus, the possibility of concurrent complaints procedures is avoided. Furthermore, it should be clear which bodies act as first instance fact finding bodies and which bodies act as appellate review bodies. "
Cite
Document
CoE (Venice Commission): Report on Electoral Law and Electoral Administration in Europe, para. 170

Download Document

Report on Electoral Law and Electoral Administration in Europe

English

French

×