Home > 2 Organising the elections > GEORGIA - Joint Opinion on the Election Code
 
 
 
Download file    
 
 
Paragraph 130
 

Hearings and proceedings on complaints and appeals must be transparent and open to the public and observers. Decisions on complaints and appeals should be written and provide an explanation of the supporting law and facts. Article 77 fails to include these requirements in the law. The closest that Article 77 comes to incorporating these minimum legal safeguards is through references to other laws in Georgia. This is not sufficient. In fact, reliance on other laws in adjudicating past election disputes has resulted in hearings closed to the public.[51] It is recommended that Article 77 be amended to require that all hearings and proceedings on election disputes be open to the public, observers, and the media. It is also recommended that Article 77 be amended to establish simple and accessible procedural and evidentiary rules for the adjudication of election disputes so that citizens and electoral subjects can protect their rights without having to be knowledgeable of the various aspects and nuances of different Georgian laws. Further, it is recommended that the Election Code be amended to require that decisions on complaints and appeals should be written and provide an explanation of the supporting law and facts.