Home > 2.4 Complaints and appeals > HAITI - Opinion on the draft referendum decree
 
 
 
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Section 51.
 

The Code of Good Practice for Referendums stresses that an effective system of appeal must be provided and that a final appeal to a court is the preferred option in most Council of Europe member states.28 However, the Venice Commission considered that, "if judges with the appropriate skills cannot be found, a pragmatic solution according to which the Transitional Electoral Council decides disputes as the last instance can be envisaged."29 In these very special circumstances, it would seem acceptable for the Referendum Litigation Office not to be made up of a majority of career magistrates. However, the CEP will be both judge and party in resolving disputes against its own decisions, insofar as it is the CEP that organises the referendum. Acceptance of the referendum result, which is so crucial to social stability once the vote has taken place, also depends on acceptance of the legitimacy and independence of the supervisory body. The Venice Commission recommends avoiding decisions being taken by the CEP and then submitted on appeal to a body comprising CEP members.30