421. The possibility of bringing challenges against the actions and decisions
of political parties is justified as part of the integral defence of fundamental
electoral rights, including with respect to the actions of entities other than
official authorities, such as political parties, which – given their dominant
position with respect to their members, particularly in situations where they
offer the only legal way in which candidates can be nominated for public
office – are in a position to violate these electoral rights, for example, if a
political party nominates a different candidate from the one who won an
internal election.
422. An ever-growing number of EDR systems provide for the possibility,
explicitly or implicitly, of the EDRB admitting a direct challenge against the
actions or decisions of a political party which is alleged to have violated an electoral
right of its members. This has helped to guarantee that the electoral actions and
decisions of political parties are in line with the principles of constitutionality
and legality, as well as the practice of internal democracy within the parties. In
general, such challenges before the EDRB are subsidiary and complementary,
as the internal possibilities for redress must be exhausted first.
423. Some EDR systems – often those entrusted to the regular courts of the
judicial branch – provide for the possibility that a person can bring an action
directly before an EDRB demanding that a certain party act in a particular
way or refrain from an action that is considered to violate the electoral
legal framework. In Poland, for example, in response to the publication
of defamatory material, the EDRB is able to order the political party that
committed the infraction to suspend dissemination of such publicity and
even order it to be confiscated.
424. In the case of violations that could affect other political parties or
opposing candidates, some EDR systems only provide for indirect means of
ensuring that the electoral process complies with the legal framework and
defending the electoral rights of political party members who allege that they
are adversely affected by the action or decision of the EMB which validates or
confers efficacy on the political party decision which has affected them.
425. Some systems provide for administrative procedures before the EMB
which, without being electoral challenges in the proper sense of the term (as
they would not be challenging the action or decision of a political party in a
trial), enable the EMB to take into account alleged irregularities committed
by the different political parties (particularly those linked to election
campaigns). The EMB can then provide a legal remedy which is subject
to judicial oversight by the EDRB. One example is the administrative
procedure used in Mexico to analyse the content of material broadcast on
radio and television that has been alleged to violate legal provisions. The
remedy may entail an order to suspend the broadcasting of electoral publicity
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