Home > 2.4 Complaints and appeals > Report on Electoral Law and Electoral Administration in Europe
 
 
 
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Paragraph 238
 

Especially with dual complaint and appeal procedures, which involve electoral commissions and ordinary courts, the electoral law should clearly regulate the respective powers and responsibilities so that a conflict of jurisdiction can be avoided. Neither the appellants nor the authorities should be able to choose the appeal body (see CDL-AD(2002)023rev2-cor, part II.3.3.c., Expl. Report para. 97). Instead, the law should clearly state to which body the complaint is to be submitted and avoid the possibility of concurrent complaints procedures. Furthermore, it should be clear which bodies act as first instance fact-finding bodies and which act as appellate review bodies. Nevertheless, in a number of elections, unclear provisions or inappropriate handling created confusion over the jurisdiction of electoral commissions and courts to deal with election complaints and appeals. In such cases, efforts should be made to improve legislation and to increase the expertise of electoral management bodies and courts in election dispute resolution.