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.
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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.