CROSS-CUTTING CONSIDERATIONS Common Law versus Civil Law Systems As with any field of law, there are differences in the application of principle and procedure between civil law and common law systems. This includes general issues, such as the treatment of evidence, as well as specific rules, such as privilege against self-incrimination in common law criminal justice systems. IFES works globally in both common law and civil law systems, and has found that generally the challenges or weaknesses in both systems (around, for example, access to evidence and tight deadlines for adjudication) are similar, despite different legal traditions. In addition, the international standards that form the basis of this Guidebook apply equally to both systems. Hence, the focus of this Guidebook is not to develop distinct approaches for different systems, but to discuss broad standards that apply regardless of the system and can be tailored for each. Where there are unique considerations, we have endeavored to highlight them. We have also provided comparative examples from both civil law and common law countries. Civil versus Criminal Jurisdiction There are many different types of complaints, disputes and violations that can arise during an election. For example: disputes between election contestants or between election contestants and election officials; administrative violations or malpractice related to the arrangements, procedures and mechanisms of election administration; violations against a code of ethics or code of conduct; results disputes or petitions; and election offenses or crimes. This means that EDR mechanisms must be both corrective and punitive: corrective, because they annul or modify the irregular act, and, as the case may be, protect or restore the enjoyment of electoral rights; and punitive, to punish the perpetrator or the entity or person responsible for the irregular act. Whether a complaint or violation is civil, administrative, or criminal in nature will depend on the laws of the specific country. IFES has found in some countries that the legal framework is not clear as to whether certain election 21