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CDL-AD(2020)025
contrary, 23 member States112 generally provide for longer periods, meaning more than
five days.
82. Concerning the time limits for lodging appeals, 35 member States113 provide for short time
limits (from three to five days and sometimes less than three days) whereas 20 member
States114 provide for longer periods (i.e. more than five days).
83. Decisions or actions taken by election commissions – General rules – In
25 countries, time limits for lodging a complaint about a decision or action of an election
commission are short (i.e. from three to five days and sometimes less than three days). 115 In
seven countries, time limits for lodging such complaints are longer ones (i.e. more than five
days).116
84. In the majority of the countries dealing explicitly in the law with time limits for lodging
complaints about decisions or actions taken by election commissions, such limits are short, in
line with international standards. Seven countries provide for longer time limits for this type of
complaints. Moreover, 32 out of the 59 countries analysed do not provide specific legal
provisions for lodging such complaints. This absence of explicit provisions regarding time limits
for lodging specific types of complaints is not necessarily problematic, provided that the
electoral law provides overall short or reasonable time limits covering the different categories
of complaints, whatever the instance which has taken the decision.
85. Candidate registration – In 49 countries,117 the time limits concerning complaints lodged
on refusal of candidate registration are short (from three to five days and sometimes less than
three days) whereas six countries118 provide for longer periods (i.e. more than five days).
86. The big majority of countries providing for short time limits concerning complaints lodged
on refusal of candidate registration are in line with the Code of good practice in electoral
matters,119 although the Code does not distinguish time limits duration between types of
complaints. Time limits for both lodging and adjudicating a complaint should be as short as
possible as a late registration of a candidate can reduce her or his campaign period. Denmark
does not have administrative appeal mechanisms for candidate registration, at least in its
electoral laws.120 It is not appropriate to leave more than five days, which is the case of seven
112
Armenia, Austria, Belgium, Bulgaria (regarding time limits for candidates), Canada, Chile, Czech Republic,
France (except for the presidential election: 48 hours), Finland, Germany, Iceland, Italy, Ireland, Kazakhstan,
Republic of Korea, the Netherlands, Norway, Poland, Russian Federation, Slovak Republic, Sweden, United
Kingdom, United States of America.
113 Albania, Algeria, Andorra (48 hours), Azerbaijan, Bosnia and Herzegovina (48 hours), Brazil, Bulgaria,
Costa Rica, Croatia (48 hours), Denmark, Estonia, Georgia (two days), Hungary, Kosovo, Kyrgyzstan, Latvia,
Liechtenstein, Lithuania, Malta, Mexico, Montenegro, Republic of Moldova, North Macedonia (48 hours), Monaco,
Peru, Portugal (two days), Romania, Serbia (two days), San Marino, Slovenia, Spain, Switzerland, Tunisia, Turkey,
Ukraine.
114 Armenia, Austria, Belgium, Canada, Chile, Czech Republic, France, Finland, Germany, Ireland, Italy,
Kazakhstan, Republic of Korea, Morocco, Poland, Slovak Republic, Russian Federation, Sweden, United Kingdom,
United States of America.
115 Albania, Algeria, Andorra, Armenia, Azerbaijan, Bosnia and Herzegovina, Brazil, Bulgaria, Costa Rica, Croatia,
Czech Republic, Estonia, Georgia, Hungary, Kyrgyzstan, Mexico, Republic of Moldova, Montenegro,
North Macedonia, Serbia, Slovak Republic, Slovenia, Switzerland, Turkey, Ukraine.
116 Canada, Finland, Kazakhstan, Malta, Norway, Peru, Sweden.
117 Albania, Algeria, Andorra, Armenia, Azerbaijan, Belgium, Brazil, Bosnia and Herzegovina, Bulgaria, Chile, Costa
Rica, Croatia, Czech Republic, Estonia, France, Georgia, Germany, Hungary, Iceland, Ireland, Italy, Kosovo,
Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Republic of Moldova, Monaco,
Montenegro, Morocco, the Netherlands, North Macedonia, Peru, Poland, Portugal, Romania, Russian Federation,
San Marino, Serbia, Slovak Republic, Slovenia, Spain, Switzerland, Tunisia, Turkey, Ukraine.
118 Canada, Kazakhstan, Republic of Korea, Norway, Sweden, United Kingdom.
119 Guideline II. 3.3 g.
120 This specificity of Denmark should be seen in light of the fact that the power to decide on candidate registration lies
with an independent authority (“Ankestyrelsen”) which is usually a final appeal institution. This does not mean that its