However, in 48 per cent of countries, the decisions of the first-instance
bodies can be appealed to higher instances. Closer analysis of Figure
4.2 reveals that in 51 of those countries (71 per cent), the first-instance
bodies are EMBs. This indicates that the bulk of appeals procedures
are conducted when EMBs hear the complaints and challenges in the
first instance. In 19 countries (26 per cent) that allow appeals, the firstinstance bodies are courts of general jurisdiction. Naturally, as shown
in Figure 4.2, most of the appeals against the decisions of the courts
end up in the highest-level courts as the last-instance bodies.
Legislation in 6 per cent of countries contains no specific provisions
regarding the possibility of appeal. It is assumed that in these countries
because the law does not specify the appeals procedure, there is only
one level of adjudication.
Figure 4.8. Is it possible to appeal the decision of the first-instance electoral disputeresolution body?
6%
48%
46%
Yes
No
Not specified
Notes: Data for 158 countries. Graph represents the data in the EJD as of August 2015.
Last-instance bodies dealing with disputes related
to nomination or registration of contestants
Figure 4.8 shows that 48 per cent of countries allow the possibility
of appeal against the decisions of first-instance EDR bodies. In such
cases, it is useful to have a general snapshot of the last-instance bodies.
The most common last-instance bodies are the highest level instances
of courts of general jurisdiction (see Figure 4.9). Only in 12 countries
is the highest level EMB the last-instance body dealing with the
nomination or registration of electoral contestants.
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