Access to Justice and Electoral Integrity
so by fostering an open and transparent system of justice. Such a system
is one in which:
A.
Legislation, including EU legislation, is accessible and can easily be
understood.
B.
All proceedings are dealt with by the competent jurisdictions within
a reasonable time, at the lowest reasonable cost, consistent with the
principles of justice. Standard time periods can be established for
different categories of cases taking into account quality standards.
C.
Judicial decisions are clearly reasoned and made public. Publication
takes into account data protection, privacy, personal security and
confidentiality.
D.
The well-founded interests of all those involved in judicial proceedings (such as parties, victims and witnesses) are taken into account
and all are treated with consideration and fairness
E.
The Executive and/or Legislative Powers have a duty to provide sufficient funds for the judicial system. The budget must be prepared in
a transparent manner and duly implemented.”22
Article 14.1 of the ICCPR also establishes that everyone shall be entitled
to a fair and public hearing. More specifically, CCPR jurisprudence requires
that electoral dispute resolution bodies of States parties hold public hearings. These hearings, combined with free access to the media, are a key
element to reinforce equality of all parties and to strengthen transparency
during the process. Any mechanisms controlling public access to hearings
and to elements supporting the arguments by parties or decisions by
judges should be clear to everyone and included in the legal framework.23
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