416. Ideally, no electoral action or decision should have the potential to cause injury to an electoral right that cannot be challenged by the interested person either directly or indirectly. Every electoral action should be subject to the provisions of the constitution and the law. As mentioned above, if the fundamental right to access electoral justice is not sufficiently guaranteed domestically in a particular state, there is a possibility of recourse, on a subsidiary and complementary basis, to the international mechanisms provided for in the international human rights instruments and conventions to which the state is party. 417. This section identifies the organs and entities whose actions may be challenged. The variety of electoral actions and decisions that are subject to challenge is analysed separately. The lists below are in no way exhaustive, and they simply highlight some types of cases. i) Actions and decisions by EMB authorities 418. In general, electoral challenges are brought against actions by and the procedures and decisions of an EMB. 419. There are various types of EMBs around the world. It is possible to distinguish between the Independent or Autonomous Model of electoral management, the Governmental Model of electoral management, and the Mixed Model of electoral management (see paragraph 395). All EMBs carry out a series of electoral actions, procedures and decisions each of which is susceptible to challenge to the extent that it affects a holder of electoral rights. The challenges can be lodged at different periods of the electoral cycle. ii) Actions and decisions of political party organs 420. Several EDR systems identify as subject to challenge directly before an EDRB those actions or decisions by political parties that are considered to violate an election-related constitutional or statutory provision, and possibly to violate an electoral right. Different situations can be identified based on whether the entity allegedly affected is a citizen affiliated with the political party whose action is being challenged or another political party, an opposition candidate or any other entity other than the party whose action is being challenged. 145 7. Basic elements of EDR systems 415. Bearing in mind the complexity of pursuing the procedure described in box 7.5 for indirectly defending electoral rights against entities other than the EMB, several EDR systems now provide that actions taken by other entities can be challenged directly, especially in view of the risk of violations of certain rights being irreparable if such a lengthy and complex procedure were to be followed.

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