In substance, there are still shortcomings in the legal framework relating to this issue, as has been consistently highlighted in previous joint opinions and OSCE/ODIHR election reports.[19] Currently complaints about the decisions, actions or inactions of a PEC are heard by the TEC and complaints about the decisions, actions or inactions of the TEC are to be appealed to the Administrative Court. The CEC retains a residual jurisdiction to overturn decisions of the TEC that do not comply with the law. It is not clear how and when the CEC may exercise this oversight jurisdiction. In the 2008 presidential elections, some TECs had refused applications for recounts on the basis that they were groundless. These decisions were appealed to the CEC, but the CEC did not exercise its powers to set aside the TEC decisions. The Code should clarify on what grounds the TEC can refuse to undertake a recount. It should also ensure that the CEC makes a considered decision in the case of an appeal or is requested to forward the case to the Administrative Court.
