Home > 2.4 Complaints and appeals > Report on Election Dispute Resolution
 
 
 
Download file    
 
 
Paragraph 110
 

In order to guarantee full electoral rights, election dispute resolution systems should avoid obstacles to the lodging of complaints and appeals. The procedure should not be too complex and rigid, eliminating the possibility to submit an application which would deserve to be considered in substance. As indicated by the Code of good practice in electoral matters, “[t]he procedure must be simple and devoid of formalism, in particular concerning the admissibility of appeals.” The legislation should clearly provide consequences for the situation where the application contains shortcomings. The competent bodies should have the obligation to provide assistance when the complaints are submitted and the procedure should be carried out in good will. Moreover, in case the application is not submitted to the competent body, the applicant should be advised about the correct procedure to redirect his/her complaint, or, if need be, the application could be forwarded to the competent body by the body which has wrongly received the complaint. A margin of appreciation might be given to the institutions.