Quote
"There are two possible solutions:
- appeals may be heard by the ordinary courts, a special court or the constitutional court;
- appeals may be heard by an electoral commission. There is much to be said for this latter system in that the commissions are highly specialised whereas the courts tend to be less experienced with regard to electoral issues. As a precautionary measure, however, it is desirable that there should be some form of judicial supervision in place, making the higher commission the first appeal level and the competent court the second.
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CoE (Venice Commission): Code of Good Practice in Electoral Matters, II.3.3.93 (exp. report)Summaries
- Everyone is entitled to a fair and public hearing by a competent, impartial, and independent tribunal in determination of his/her rights.
- Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms.
- A situation in which the executive and the judiciary are not clearly distinguishable is incompatible with the notion of an independent and impartial tribunal.