Furthermore, in its amicus curiae brief on the ECtHR Grand Chamber case Mugemangango v. Belgium, the Venice Commission concluded the following in relation to procedural rights in electoral disputes:35
“47. In terms of procedural rights, the applicants’ right to a hearing involving both parties must be protected. More specifically, the following rights must be guaranteed:
“a. The right to present evidence in support of the complaint [appeal at first instance] after it is filed;
b. The right to a fair, public, and transparent hearing on the complaint;
c. The right to appeal the decision on the complaint to a court of law”.
48. The hearing must be public, as the transparency of electoral dispute procedures is very important to ensure trust in the electoral process. Decisions must be well-reasoned and made public.
49. The above-mentioned procedural requirements are similar to those of Article 6 of the ECHR, but account must be taken of the specific context of elections. For example, a balance must be struck between the length and scope of hearings and the need to resolve electoral disputes promptly.”