CDL-AD(2020)025 - 10 - determination of “civil rights and obligations” or a “criminal charge”,38 the European Court of Human Rights has underlined the importance of judicial review of the application of electoral rules, including in the context of election-related disputes.39 The absence of such a judicial review, with adequate guarantees of impartiality and procedural safeguards, was the reason for which the Court found a violation of Article 13 (“Right to an effective remedy”) of the Convention in conjunction with Article 3 of Protocol No. 1 in the above-cited cases. It is noteworthy that the European Court of Human Rights examines complaints regarding consideration of electoral disputes either under Article 3 of Protocol No. 1 alone where they were the subject of judicial review at the domestic level, or under Article 13 of the Convention taken in conjunction with the above-mentioned provision where no such judicial review took place.40 a. Competent bodies regarding voter registration and voter lists’ corrections 33. In first instance – In 31 countries, election commissions,41 in 23 countries ad hoc committees or municipalities’ councils, administrative authorities or elected bodies42 and in six countries a court43 are competent with regard to corrections on the voter list or the absence of registration. 34. With regard to voter registration and voter lists’ corrections, 53 countries provide the voter with the right to lodge a complaint in first instance either to the competent election commission or to an ad hoc committee. This is logical as for practical reasons, the competent body has to be geographically close to the voters, who should have a direct access to the voter list. Moreover, the procedure, subject to judicial control, must be simple in order to respect the principle of universal suffrage by offering to a maximum of citizens a chance to vote, leaving a short but reasonable deadline for such control of the voter lists. 35. On appeal – In 41 countries, the competent body dealing with complaints on voter registrations and voter lists on appeal is a court.44 On the contrary, there are 13 countries where a court is not the final instance.45 36. With regard to voter registration and voter lists’ corrections, a court is the competent body for appeal in second or third instance in the majority of the countries, in line with the Code of good practice in electoral matters. Voter registration and the correction of voter registers are sensitive issues as voters may lack confidence in the election administration or the central 38 See for example Riza and Others v. Bulgaria, 13 October 2015, para. 184, with further case-law references See Grosaru v. Romania, 2 March 2010, para. 55-56 and 62 and Mugemangango v. Belgium of 10 July 2020, para. 108 and 119. 40 See for example Davydov and Others v. Russia, 30 May 2017, para. 199-200. 41 Algeria, Azerbaijan, Bulgaria (complaints on voter lists only), Bosnia and Herzegovina, Canada, Chile, Croatia, Georgia, Hungary (according to Section 236 of the Act XXXVI of 2013 on Electoral Procedure, appeals regarding the electoral register shall be submitted to the head of the local election office), Italy, Kazakhstan, Republic of Korea, Kyrgyzstan, Lithuania, Malta, Mexico, Republic of Moldova, Monaco, Montenegro, Morocco, North Macedonia, Norway, Peru, Portugal, Romania, Russian Federation, Serbia, Spain, Sweden, Turkey, United States of America. 42 Albania, Andorra, Austria, Belgium, Costa Rica, Czech Republic, Denmark, Estonia, Finland, France, Germany, Iceland, Latvia, Liechtenstein, Luxembourg, the Netherlands, Poland, San Marino, Slovak Republic, Slovenia, Switzerland, Ukraine, United Kingdom. 43 Armenia, Brazil, Ireland, Kosovo, Ukraine, Tunisia. 44 Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria (complaints on voter lists only), Bosnia and Herzegovina, Brazil, Canada, Chile, Costa Rica, Czech Republic, Estonia, Finland, France, Georgia, Hungary, Italy, Ireland, Kazakhstan (or superior election commission), Kyrgyzstan (or superior election commission), Latvia, Lithuania. Mexico, Republic of Moldova (or superior election commission), Monaco, Montenegro, Morocco, the Netherlands, North Macedonia, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Spain, Switzerland, Tunisia, Ukraine, United States of America (at State level – and not Federal level). 45 Algeria, Austria, Croatia, Denmark (election board), Iceland, Republic of Korea, Liechtenstein, Norway (Ministry), San Marino, Slovenia, Turkey, Ukraine, United Kingdom. 39