rapporteur of the responsible section drafts a report, which will form the basis for the Council to determine the complaint in a private hearing. The Council may unseat the person elected, or annul the result of a referendum in whole or in part. Challenges to the results of local, regional and European elections are handled by the administrative courts, with appeal allowed only on a point of law. Challenges on electoral registration questions are handled by the ordinary courts, with no provision for appeal. 378. Several systems provide that challenges must be made through the authority in charge (generally the EMB), in order to make electoral justice more geographically accessible (see paragraph 356). The EMB thus has the background information on the action that is being challenged. It will be necessary for the EDRB to provide that it is the duty of the EMB to collaborate effectively to ensure that the case file is properly made up. Contending parties and candidates should have the right to full access to EMB material. Some EDR systems establish that if an EMB fails to remit all the electoral information related to the case that should be in its possession, it may be found administratively liable. The EDRB may not then be able to uphold the validity of the EMB’s actions, thus making them subject to annulment or modification. 379. The electoral legislation should expressly state which legal remedies can be granted as a result of a challenge to the election results. In particular, it should specify the mechanisms, specific causes, and evidence needed for a total or partial recount to be ordered or to invalidate totally or in part the election results, and specify which EDRB has jurisdiction to decree it (see chapter 7, section 6). Box 6.16. Essential features of EDR proceedings Ensuring that EDR proceedings comply with the requirements of due process involves: • electoral proceedings which take place before an EDRB that is predetermined in law, independent, impartial and accessible; • rules for access to the dispute system and process which are clearly spelled out; • the guarantee of a hearing and the principle of the right to a defence under equal conditions; • full access in equal conditions to EDR proceedings and the relevant files and material; • an expeditious and public process of decision with any remedy granted being effective and timely; 129 6. Principles and guarantees of EDR systems (cont.)