Home > 2.4 Complaints and appeals > GEORGIA - Joint opinion on draft amendments to the Election Code and the Law on Political Associations of Citizens
 
 
 
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Paragraph 62
 

Proposed amendments to Articles 73(3), 74(1) and 77(2) of the Election Code extend the deadline for appealing a decision/action of a PEC or PEC chairperson, including in response to a complaint, from two to three days and extend the deadline for the DEC to consider such appeals from two to four days. These changes would address previous related ODIHR and Venice Commission recommendations and bring those deadlines in line with international good practice: according to the Code of Good Practice in Electoral Matters, “time-limits for lodging and deciding on appeals must be short (three to five days for each at first instance)”. However, some other deadlines applicable to the handling of electoral complaints and appeals continue to fall outside the recommended timelines. In particular, the two-day deadlines for submission and consideration of an appeal to a first instance court against DEC decisions on appeals against PEC decisions, and the one- and two-day deadlines for submission and consideration, respectively, of a further appeal to an appeal court are unduly short. In addition, the 10-day deadlines for the election commission to respond to applications requesting the drawing up of certain administrative offence protocols and for the court to make a decision on such protocols are unduly long. The Venice Commission and ODIHR recommend revising these deadlines in conformity with international standards.