Competences of the Electoral Commission

1. The Electoral Commission shall have the following responsibilities:

a) Submit to the public authorities or the media, all the observations about the development of the election process it deems necessary, whether ex officio or at a party’s request.

b) Determine any complaint or consultation submitted by interested parties in the development of the election process and related to the specific competences of the Election Commission.

c) Issue general provisions, whenever deemed necessary.

d) Communicate conducts that may be constitutive of an offence to the Attorney-General’s Office.

e) Any other competence assigned by law.

2. Public authorities, candidatures or their candidates or proxies, election administrators, heads of media, and voters, all of them having a legitimate interest, as assessed by the Commission, shall be entitled to submit consultations, complaints or appeals before the Electoral Commission, according to the present law.

3. The Electoral Commission will adopt its decisions in the form of recommendations, resolutions or general provisions, which shall be published in the Official Gazette of the Principality of Andorra. Decisions shall be motivated to the extent necessary.

The resolutions and provisions shall be mandatory for all authorities and citizens and immediately executive, allowing the Commission to adopt all the necessary provisional measures that may be necessary in emergency cases.

4. Every hour and day will have the consideration of working days and working hours regarding the actions of the Electoral Commission, which notifies and informs of its decisions by the means it deems most appropriate, including by telephone. Consultations, complaints and appeals shall be submitted in writing on regular paper without the involvement of an attorney being necessary. The Electoral Commission may reject, with reasons, the admission of those being extemporaneous, notoriously unfounded, insufficiently reasoned or submitted by somebody who clearly has no legitimate interest.

5. Regarding other aspects of the operation of the Electoral Commission, it will be governed by the general provisions agreed by the Electoral Commission itself. These shall be published in the Official Gazette of the Principality of Andorra and shall govern until amended by the same or subsequent Electoral Commission.

6. There shall be a right to appeal against the provisions and resolutions of the Electoral Commission to the Administrative Chamber of the Higher Court of Justice, within twenty four hours following the notification of the decision. The same day in which the appeal is presented, the Chamber will submit it to the parties and to the Attorney-General’s Office, so that they may formulate responses. The Higher Court of Justice shall pronounce within the period of fortyeight hours, its understanding in compliance with respect to constitutional requirements.