XII. Complaints and appeals
The allocation of mandates is undertaken by the CEC and it requires a qualified majority of five out of seven votes (Article 24.1.a). In case the CEC does not obtain five votes, it fails to make the relevant decision. When the CEC fails to make a decision, electoral subjects have the right to file an appeal with the Electoral College (Article 145.2). In this case, the Electoral College does not judge the merits of the case and, when it accepts the request, it compels the CEC to make a decision. Article 145.2 sets exceptions, presumably in an attempt to avoid a lengthy back-and forth transfer of cases between the CEC and the Electoral College. It states: “this rule does not apply to CEC decisions to reject a request for appeal, in relation to decisions taken in compliance with letters (a), (b), (c) and (ç) of Article 24 of this Code”. However, the decision or the inability to reach a decision on allocation of mandates under Article 24.1.a cannot be considered as a “decision to reject a request for appeal”. The wording is unclear and confusing. If the intent is that the Electoral College can allocate the mandates itself, i should be clearly stated. |