- 11 - CDL-AD(2020)025 administration dealing with this type of complaint, which is often competent for settling such complaints in first instance. The involvement of judges therefore remains a guarantee on appeal. This presupposes that the judiciary is impartial and neutral vis-à-vis the Executive or an administrative authority. The absence of appeal to a court is therefore problematic, however less than the absence of any appeal against an administrative decision of first instance, which is even more problematic.46 b. Competent bodies regarding candidate registration 37. In first instance – In 28 countries, election commissions,47 in seven countries ad hoc committees or municipalities’ councils, administrative authorities or elected bodies48 and in 21 countries a court49 are competent concerning the refusal of registration of candidates. In three countries, there is no complaint or appeal mechanism in this regard.50 38. The countries are therefore divided with regard to the legal solutions offered to the candidates who were denied registration or deregistered. In practice, prospective candidates are too often rejected for formalistic reasons. There are also countries where the submission of candidatures is made conditional on the collection of a minimum number of signatures by voters willing to express their support for one or several candidates. This procedure is welcome but can also lead to abuses by partial bodies rejecting signatures in an arbitrary way. A deposit can also be asked and should not be excessive.51 Whatever the variety of situations, prospective candidates should be able to submit their candidatures through a procedure devoid of formalism. It is advisable to ensure the settlement of such complaints in first instance through election commissions or courts preferably to elected bodies, due to a risk of conflict of interest and/or the risk of a lack of neutrality in the settlement of the complaint by elected bodies. 39. On appeal – In 41 countries, the competent body on appeal dealing with complaints on refusal of registration or deregistration of candidates or lists of candidates is a court,52 as recommended by international standards. On the contrary, there are six countries where a court is not the final instance.53 There are 11 countries where there is no possibility of appeal in second instance.54 40. Candidate registration or deregistration is a sensitive matter too since denying registration to prospective candidates or deregistering them prevents them from running. It is therefore worrying and in contradiction with international standards that some countries do not include any court in the complaint process (be it that there is no appeal before a court or that a non-judicial body decides as a single instance), including when the competent body dealing 46 Kosovo, Luxembourg, Malta, Peru, Sweden. Albania, Andorra, Armenia, Azerbaijan, Bulgaria, Bosnia and Herzegovina, Canada, Costa Rica, Germany, Hungary, Iceland, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Lithuania, Malta, Montenegro, North Macedonia, Norway, Peru, Poland, Russian Federation, San Marino, Serbia, Sweden, Slovenia, Turkey. 48 Algeria, Belgium, Chile, Germany, Italy, Liechtenstein (government), Slovak Republic, Switzerland. 49 Brazil, Croatia, Czech Republic, Estonia, France, Georgia, Ireland,(for political party registration/appeal board), Republic of Korea, Luxembourg, Mexico, Republic of Moldova, Monaco, Morocco, Portugal, Romania, Slovak Republic, Spain, Tunisia, Ukraine, United Kingdom, United States of America (at States’ level). 50 Austria, Denmark, Finland. 51 See in this respect the Code of good practice in electoral matters, Guideline I. 1.3, vi. 52 Albania (Electoral College), Algeria, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Bosnia and Herzegovina, Brazil, Canada, Chile, Costa Rica, Croatia, Czech Republic, Estonia, France, Georgia, Hungary, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Lithuania, Malta, Mexico, Montenegro, Morocco, the Netherlands (Council of State), North Macedonia, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Switzerland, Tunisia, Ukraine, United States of America. 53 Germany (Federal Electoral Committee), Iceland, Liechtenstein (only government is competent), Norway, San Marino, Turkey. 54 Austria, Denmark, Finland, Ireland, Luxembourg, Republic of Moldova, Monaco, Peru, Republic of Korea, Sweden, United Kingdom. 47