Home > 2.4 Complaints and appeals > Report on Election Dispute Resolution
 
 
 
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Paragraph 115
 

If the decision in electoral matters in first instance is made by a non-judicial body, it has to be guaranteed by a specific procedural rule that the core elements of a fair proceeding are fulfilled. Moreover, if the appeal procedure is made before a non-judicial body, the procedure should ensure that the competent body offers sufficient guarantees of its impartiality and afford effective guarantees of a fair, objective and sufficiently reasoned decision, as recently recalled by the case-law of the European Court of Human Rights. In any case, the competent body should have a high-level of expertise on electoral matters, which, depending on the issue challenged, may involve experts or judicial lay members inter alia with a geographical or IT background.