23. Have these decisions been taken within the prescribed time-limit? (For those cases where
time-limits have been exceeded, explain the reasons given or assumed. Also break down
into categories of complaints).
24. How many of the cases decided upon by courts have been enforced? (Break down into
categories of complaints)
Prosecutors
25. How many cases have been brought before prosecutors? (Break down into categories of
complaints)
26. How many of the cases brought before public prosecutors have been decided? (Break
down into categories of complaints)
27. Have these decisions been taken within the prescribed time-limit? (For those cases where
time-limits have been exceeded, explain the reasons given or assumed. Also break down
into categories of complaints).
28. How many of the cases originally sent to the prosecutor have been enforced? (Break
down into categories of complaints)
2.
In-Depth Analysis of Channels for Election Dispute Resolution
On the basis of the basic information retrieved from the database, further analysis can serve
to expose the efficiency and functioning of a dispute resolution mechanism. To a certain
extent, the analysis conducted will vary from country to country, or according to the type of
elections held. However, in most cases the answers to these questions will be more difficult
to discern and will require analysis of the decisions and documents on the cases.
Below are examples of analytical questions which, if answered, will increase a legal adviser’s
ability to analyse the legal system and will improve the appropriateness of recommendations.
Analytical questions: cases requiring further investigations
29. How many cases have been considered to require further investigation? (Break down into
categories of complaints)
30. Among the complaints how many have been sent by the election commissions to law
enforcement agencies or other state bodies? (Break down into categories of complaints)
31. Among cases requiring further investigation how many have been sent to the prosecutor?
(Break down into categories of complaints)
32. How many of these cases have been decided? (Break down into categories of complaints)
33. What are the substantive grounds of the decisions by the election commissions?
34. What are the substantive grounds of the decisions by the courts at each level?
35. Are there institutional comparisons on the efficiency and extent of enforcement of the
decisions?
36. What are the substantive grounds for the appeals (especially with regard to the
prosecutor)?
37. What are the statistics on the total number of cases filed with each institution? (in order to
assess the relevance of the cases brought to the attention of the election observation
mission)
38. How many of the cases are related purely to the administration of elections and how
many are tied to the structural weaknesses of the legal and/or electoral system?
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