Home > 1.1.3 Submission of candidatures > Report on Election Dispute Resolution
 
 
 
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Paragraph 105
 

In summary, it is difficult to determine a positive or negative trend among Venice Commission’s member States regarding time limits for lodging and adjudicating the various types of complaints analysed – i.e. candidate registration, decisions or actions taken by election commissions, voter registration and voter lists’ corrections, voting and counting/tabulation procedures and election results. Overall, it has to be reminded that the Code of good practice in electoral matters recommends short time limits for lodging and adjudicating electoral complaints, i.e. within three to five days. However, the Code of good practice in electoral matters also envisages expanded periods to guarantee the exercise of the rights of defence and to a reflected decision. Overall, the time limit for the competent body has to be taken into account with regard to the effectiveness of the administrative or judicial control of the electoral process. The conduct of an electoral process requires prompt decisions and actions within a predetermined time frame. The electoral law and other relevant laws should therefore expressly and systematically set realistic deadlines for lodging and adjudicating complaints and appeals for each phase of the electoral process, by which either the courts or the electoral bodies must reach a timely decision. A balance is thus necessary and advisable in the law between the thoroughness and complexity of the election dispute resolution system on the one side, and speedy and flexible procedures on the other side. Considering that a majority of countries do not provide explicit legal provisions regarding time limits for the main steps of electoral processes, it may be recommended to include such time frames in the legislation, especially in countries where trust in electoral processes remains weak. Moreover, it is crucial that the legitimacy of the elected bodies is determined early, preferably before they take office, and it has to be avoided that decisions are taken only close to the end of their mandates.