Selection of party leaders and candidates for elective office
448. Although political parties are often left to regulate the democratic
procedures for selecting their own leaders or candidates for elective office in the
exercise of their right to organize themselves, in many cases certain general rules
by which they must abide in their statutes and specific actions are established
by law. Among the general conditions laid down by law, intervention by the
EMB is sometimes provided for in the internal party procedures for choosing
leaders or candidates. Sometimes the law may provide only for the possibility
of challenging actions and decisions before the EDRB.
449. Thus, for example, as regards parties’ own governing bodies, the legislature
often spells out the minimum internal procedures that each political party
must have, or the need for these to exist at the national, state or provincial or
departmental, and possibly municipal levels.
450. Exceptionally, the legislature may prescribe how some of these organs are
to be constituted, the period of the term in office and limits on re-election; and
impose an obligation to register the governing body with the EMB as well as an
obligation to indicate, in parties’ internal statutes, the grounds and procedures
for recall or democratic oversight of leaders. However, the level of detail is often
not very specific. The law in several countries provides that political party
leaders and candidates for elective office must be selected by means of periodic
elections (as in Argentina, Costa Rica, Nicaragua, Panama and Uruguay). It
does not, however, always specify whether elections must be direct or indirect,
or indeed establish the need for a free and secret ballot, or the direct, free, equal
and secret vote of party members through either internal or primary elections.
451. In order to reduce de facto inequalities in practice, the law in some
countries emphasizes equal opportunity for men and women to join party
organs and stand for elective office, and proscribes any form of discrimination
(as in Costa Rica and Ecuador). It may establish a quota either for women at
all levels of a party’s management and in the candidacies for representative
positions, or only in respect of candidacies for elective office (as in Armenia,
Burkina Faso, Indonesia, Panama and Paraguay). Some electoral laws provide
for a system of proportional representation for distributing political party
seats in the legislature in order to encourage the participation of different
interests or minorities in the nomination of candidates for elective office (as
in Honduras and Paraguay).
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7. Basic elements of EDR systems
447. Any dispute over the constitutionality or legality of internal party statutes
or any amendment to them is generally within the jurisdiction of the EDRB
(as in Costa Rica, Mexico and Panama). In those countries where its decisions
are not final and therefore subject to appeal, they subsequently fall under the
jurisdiction of the Supreme Court or Constitutional Court.