Home > 2.4 Complaints and appeals > Report on Election Dispute Resolution
 
 
 
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Paragraph 28
 

Among the issues at stake concerning election dispute resolution systems, there is the question of the bodies competent to adjudicate electoral disputes. Such bodies can be electoral management bodies, constitutional, general, administrative or specialised courts, other types of bodies or a combination of these bodies; this will be developed below. In this respect, election observers and international organisations have in particular raised the following concerns: electoral laws and other relevant laws (including procedural laws and codes) are often confusing, and sometimes conflicting, or lack relevant provisions to establish a clear competency of administrative and/or judicial bodies for resolving the different grounds of disputes. Sometimes, the lines between the types of disputes and the bodies competent to deal with them are blurred or even do not appear in the law. In practice, international experts and international election observers in their election observation reports have regularly raised the issue of credible complaints left without any legal redress because the complaint had been lodged with a body which denies its competence.