In general, international standards recognize the importance of a
fair hearing and the right to appeal in any type of dispute-resolution
process (Ticcinardi et al. 2014). In the case of electoral disputes, the
ability to appeal any of the decisions of the EDR bodies helps to ensure
that arbitrary decision-making is avoided and that the rights of all
stakeholders are wholly protected.
The findings of the research (Figure 3.10) show that the legislation of
almost half the countries does not allow appeals of the decisions of the
first instance body. Closer analysis of those countries using the online
database reveal that appeals are not allowed when the first-instance
bodies are constitutional courts or councils (27 countries), supreme or
high courts (25 countries), election tribunals or courts (7 countries),
and legislatures (6 countries).
In sum, these countries represent 74 per cent of the countries in which
the decision of the first-instance bodies cannot be appealed. These
bodies are usually considered to be the highest-level judicial bodies
in the hierarchy of EDR systems, so it is understandable that their
decisions are not subject to appeal.
Findings suggest that the decisions of first-instance bodies can be
appealed to higher instances in 49 per cent of countries. Closer analysis
of Figure 3.2 reveals that the bulk of appeals procedures ‘flow’ from
EMBs to the highest-level courts, but also from lower-level courts to
the highest-level courts.
Figure 3.10. Ability to appeal the decision of the first-instance electoral disputeresolution body
2%
49%
49%
Yes
No
Not specified
Notes: Data for 173 countries. Graph represents the data in the EJD as of August 2015.
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