Home > 2.4 Complaints and appeals > Urgent Report on the cancellation of election results by Constitutional Courts
 
 
 
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Section 30.
 

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.”