Can the sanctions imposed be appealed?
In principle, dispute-resolution processes related to campaign finance
only exist if the legislation provides for an opportunity to appeal
against the sanctions or other decisions of the oversight institutions.
The findings indicate that among the 82 countries that have oversight
institutions, 50 (61 per cent) allow the possibility of an appeal against
their decisions (see Figure 5.5). Legislation in 23 per cent of countries
does not contain clear provisions regarding the possibility of such
appeals. In five countries the research team could not obtain all the
legal documents on the functioning of oversight institutions, so there
is no data for those countries on the question of appeals.
Figure 5.5. Ability to appeal sanctions for campaign finance infractions
6%
23%
61%
10%
Yes
No
Not specified
No data
Notes: Data for 82 countries. Graph represents the data in EJD as of August 2015.
The competent body to hear appeals against
sanctions
The research found that disputes are processed within the systems of
courts of general jurisdiction in 26 countries (see Figure 5.6). This
represents 52 per cent of countries that allow appeals against the
sanctions related to campaign finance. Administrative courts and
EMBs (at the highest level) are each involved in less than 20 per cent
of countries.
In 22 countries (44 per cent), the decisions of the bodies that hear
appeals against sanctions are final and cannot be further appealed
(Figure 5.7) but in 17 countries (34 per cent) they can. The research
team could not gain access to the relevant legislation in six countries
(12 per cent), so there is no data about the possibility of further appeal
in those countries.
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