12
GROSARU v. ROMANIA JUDGMENT
– Lower numerical thresholds for representation in the legislature may enhance the
inclusion of national minorities in governance.
(10) The geographic boundaries of electoral districts should facilitate the equitable
representation of national minorities.”
The Lund recommendations are set out in the “Guidelines to Assist
National Minority Participation in the Electoral Process” published in
January 2001 under the aegis of the OSCE.
D. Comparative law concerning post-electoral system of appeals
26. Despite differences in the organisation and characteristics of the
electoral administration responsible for declaring results and the distribution
of seats (independent electoral commissions, government structures,
temporary polling stations, courts), the information available to the Court
concerning the legislation of a large number of Council of Europe member
States shows a degree of convergence as regards the existence of a postelectoral system of appeals. In certain States it is possible to lodge an appeal
with a recognised court or tribunal body, be it an ordinary court, a special
electoral court or a Constitutional Court. While certain countries make
provision for up to two stages of appeal before the judicial authorities,
others envisage only one such appeal, at first instance. The three countries
that envisage no judicial remedy beyond validation of powers by the
legislative chamber are in western Europe (Belgium, Italy and
Luxembourg). The tendency towards investing courts with jurisdiction for
post-electoral disputes is in line with the European standards recommended
by the Venice Commission, which points out that in all cases there must be
a judicial remedy available, since an appeal to the parliamentary validation
commission or an electoral commission does not offer sufficient guarantees.
1. Central electoral administration as an appeal body
27. This is the system used by Romania and Albania. In Albania,
decisions relating to the declaration of results may be challenged before the
central electoral commission itself. However, the losing parties may
subsequently appeal against the decision before a court (the electoral
chamber of the Tirana Court of Appeal).
2. Political validation: parliamentary validation commissions
28. While such a practice is fairly widespread, three countries (Belgium,
Italy and Luxembourg) stand out because the only post-election remedy
available is validation by parliament, the decisions of the electoral offices
being deemed to be final. That said, those three countries have enjoyed a
long tradition of democracy which would tend to dissipate any doubts as to
the legitimacy of such a practice. The Venice Commission in general has