If a disciplinary proceeding did not embody these features the member would
be defenceless in the face of the violation of his or her right not to be expelled
from the party other than for a legal cause provided for in the party statutes
and through a procedure that embodies full guarantees.
461. On the substance of internal party disputes, since political parties have
freedom to organize themselves, the EDRB should limit itself to determining
whether the events that are the basis of the decision to expel have actually
occurred, and whether the decision of the party’s governing body is reasonable
– including the principle that its action should be proportional and not
arbitrary – in the light of the provisions of the party’s internal rules and
the law. However, there could be exceptions to this limitation on the role of
the judicial body. Given the dominant position of political parties, in those
situations in which the decision to expel entails, for example, significant harm
to or violation of a fundamental right of the member (for example, the right
to accede to public positions in equal conditions, or other rights that are not
electoral in nature, such as reputational or economic rights), the EDRB might
be enabled to interpret and assess the facts.
Financing and oversight of the resources of political parties
462. In general, decisions by the relevant authorities (in some cases the EMB)
on the allocation of public financing to political parties, and on oversight
of funds and assets through rulings on the reports on the source of their
financing and their regular expenditures, may also be subject to challenge.
Oversight of parties’ reports on campaign expenditures generally takes place
in the post-electoral period. Also subject to challenge are the decisions of
the relevant administrative authority on complaints lodged over alleged
irregularities in the use and reporting of public funding, the imposition of
a penalty if it is determined that someone has committed an infraction, or a
decision by the electoral authority not to impose a sanction.
ii) Challenges during the electoral period
463. During the electoral period, the actions subject to challenge during
the preparation stage may include the updating of the electoral register, the
ordering and procurement of voter registration cards (where one is used),
the nomination or registering of candidates, the location of polling stations,
the selection of polling station officials, the registration of election observers
where this is provided for, and actions related to the election campaigns.
464. Challenges to election results are often related to election day itself,
particularly the voting procedure, the setting up, management and staffing
of polling stations, the decisions of polling officials as to who is to be allowed
to vote or prevented from voting, the freedom and secrecy of the ballot, and
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