- 25 -
CDL-AD(2020)025
in a short time frame, since the final elections results depend on the time allocated both for
lodging and adjudicating such complaints.
91. Election results – In 35 countries,128 the time limits concerning complaints lodged
against election results are short (from three to five days and sometimes less than three days)
whereas 24 countries129 provide for longer periods (i.e. more than five days).
92. Allowing a short time limit for complaints lodged against election results is mainly justified
by the necessity to announce preliminary and then final results within the time frame specified
by the law. Moreover, announcing election results within a reasonable time frame participates
in the stability of the democratic process and the reinforcement of the public trust in electoral
processes.
C. Time limits for adjudicating complaints and appeals
93. The competent bodies, mainly either election commissions or courts, should also have
short deadlines (three to five days as well) for adjudicating electoral complaints and appeals,
for the same reason that voters, candidates, political parties and other potential complainants
have short deadlines for lodging complaints, i.e. the necessity to ensure continuous and
smooth electoral processes.130 However, judges also face challenges to fulfil their duties in
time either due to complaints not lodged in line with the required procedure, or because they
do not have enough time to issue reflected decisions.
94. Decisions or actions/inactions taken by election commissions – General rules – In
25 countries, time limits for adjudicating complaints about decisions or actions/inactions of
election commissions are short (i.e. from three to five days and sometimes less than three
days).131 In four countries, time limits for adjudicating such complaints are longer ones (i.e.
more than five days).132
95. In the majority of the countries providing in the electoral law for time limits for adjudicating
complaints about decisions or actions/inactions taken by election commissions, such limits are
short, in line with international standards. Five countries provide for longer time limits for
adjudicating this type of complaints. Moreover, 30 out of the 59 countries analysed do not
provide for explicit legal provisions for adjudicating such complaints. It may however be
necessary to adjudicate certain types of complaints within a particularly short time limit, i.e.
within the hours following a decision or action of an election commission, especially on election
day: this implies rules to lodge those types of complaints within a very short time frame as
well. It is particularly important in some situations that complaints be adjudicated on the very
day when the supposed violation is alleged, in order to correct a malpractice that may affect
the integrity of the pre-opening, voting or counting operations.
128
Albania, Algeria, Andorra, Armenia, Azerbaijan, Bosnia and Herzegovina, Brazil, Canada, Costa Rica, Croatia,
Czech Republic, Estonia, Georgia, Hungary, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico,
Republic of Moldova, Montenegro, Morocco, North Macedonia, Peru, Portugal, Romania, San Marino, Serbia,
Spain, Switzerland, Tunisia, Turkey, Ukraine.
129 Austria, Belgium, Bulgaria, Chile, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Kazakhstan,
Republic of Korea, Kyrgyzstan, Monaco, the Netherlands, Norway, Poland, Russian Federation, Slovak Republic,
Slovenia, Sweden, United Kingdom, United States of America.
130 Guideline II 3.3. g.
131 Algeria, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Bulgaria, Canada, Chile, Croatia,
Estonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Lithuania, Republic of Moldova, North Macedonia, Peru,
Portugal, Romania, Serbia, Slovenia, Turkey, Ukraine.
132 Albania, Mexico, Spain, Tunisia.