Clause (3) of Article 47 provides that if the “VCC fails to reach a decision, the case is sent immediately for examination to the ZEC or, as appropriate, the respective LGEC”. The practicality of such a requirement is questionable since the VCC will make several decisions concerning the validity of ballots. Further, it allows the VCC to refuse to make decisions. The OSCE/ODIHR and Venice Commission recommend that Article 47 be amended to provide that, where the commission is deciding a request or complaint, if a decision is not approved by the necessary number of votes, then the initial request that gave rise to the issue shall be considered denied, and this decision of denial may be subject to any review provided by the complaints and appeals process. This recommendation is also applicable to similar “immediate” requirements in Articles 38 and 44, as it concerns ZECs and LGECs. Obviously, however, some refusals to make a decision, such as the declaration of results, cannot have such a default provision and will require a decision by the higher election commission.
