Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
example, at what stage of electoral process the violation was committed, who committed the violation, and whether the violation influenced
or might have influenced the outcome of the elections.229 Judges and
arbiters should provide relevant parties with the means to understand the
reasoning behind the decision. The tribunal or commission should also
provide the concurring or dissenting opinions of the judges or arbiters.
This will permit transparency about the reasoning by which the arbiters
reached a given conclusion and on any personal legal views that entered
into the decision. A legal justification for a decision will also facilitate the
enforcement of the decision and help in establishing the legitimacy of the
final electoral results.
D. Restoration of the Infringed Rights
The right to remedy also embraces the right to redress for the injury suffered by the claimant. For example, in Petkov v. Bulgaria, three applicants
alleged that their rights to run for office in the 2001 parliamentary elections
had been unfairly abrogated.230 The applicants’ coalition withdrew their
names from the candidates’ list on account of their links with the former
State security agencies.231 The Supreme Administrative Court ruled in their
favor and declared the striking of the applicants off the lists of candidates
null and void. However, the electoral authorities failed to give effect to this
final and binding decision and thus, the applicants brought the case before
the European Court of Human Rights. They claimed that the right to an
effective remedy had been denied “in respect of the electoral authorities'
refusal to reinstate them on the lists of candidates.”232 The European Court
acknowledged the failure on the part of electoral authorities and that it
resulted in a violation of Articles 3 and 13 of Additional Protocol 1 of the
European Convention. The Court added that even if the authorities disapprove the findings of the court (due to erroneous rulings or acts beyond its
jurisdiction) they cannot refuse to comply with the judgment in a democratic society abiding by the rule of law. The right to an effective remedy
requires the relevant authorities to comply with the ruling and to attempt
Kazakhstan Report, supra note 225, at 5.
Petkov v. Bulgaria, Eur. Ct. H.R., App. nos. 77568/01, 178/02 and 505/02, Judgment of 11
June 2009, ¶¶ 55-82.
231
Id. ¶ 60.
232
Id. ¶¶ 67, 83.
229
230
74