The provisions of this Chapter (Article 77), containing timeframes and rules for handling disputes over breaches of the election law and the election process, have been reviewed and partially revised and expanded in the interest of added clarity and efficiency. Nevertheless, the choice of appealing either to an election commission or to a court, which had originally been criticised by the Venice Commission (CDL-AD (2002) 9, issue 63), has been maintained (see Art. 77.1 and 77.2). In practice, however, this seems not to have produced confusion or conflicts of competencies. According to the International Observation Mission (2003), “… the relatively large number of court cases indicated the willingness by parties to challenge decisions of the election administration through the legal system. It also showed a general confidence in the judiciary. With few exceptions the judiciary operated transparently, efficiently, diligently, and with respect for deadlines”. Court decisions dealt with candidate registration, appointments to DECs and PECs, appeals against CEC decisions, and, after election day, with the rechecking of the protocols of voting.
