195. Several of these specialized electoral tribunals operate on a permanent
basis, at least as regards the members of the highest-ranking organs; this the
case in most Latin American countries. However, others are temporary and
are only constituted when elections are to be held. Examples are to be found
in Albania, Chile and Greece, although the members of these tribunals also
enjoy security of tenure, and therefore judicial independence, since they belong
to other courts when they are not performing the electoral jurisdictional
function. Exclusive and full-time specialization in electoral jurisdictional
matters can lead to more professional performance and makes it possible to
keep up with the latest developments in the field and to address any challenges
filed throughout the electoral cycle, including its pre- and post-electoral stages.
This, however, may entail greater costs. In societies that do not have a high
level of electoral litigation certain sectors of society may not appreciate that
their existence during the pre- and post-electoral periods is justifiable.
c) EDR systems entrusted to an electoral management body with
judicial powers
196. Under this type of EDR system, responsibility is entrusted to an
independent EMB which, in addition to taking charge of organizing and
administering electoral processes, has judicial powers to resolve challenges
and issue a final ruling as to the validity of the electoral process.
197. This model has been developed mainly in Latin America. An EDR
system in this category not only has jurisdiction to resolve challenges, which
is common, but also takes decisions that are final, including on the validity
of electoral processes, and not open to review by any judicial, administrative
or legislative body.
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5. A general classification of EDR systems
194. Challenges to the election results issued by the independent EMB are
resolved in the last instance in Albania by the Electoral College (Kolegji
Zgjedhor), which is a specific tribunal made up of eight judges from the
courts of appeal who are selected and appointed by the Superior Judicial
Council. In Greece they are resolved by the Special Supreme Court
(Anωtato Eidiko Dikasthrio), which is made up of presiding and regular
judges from other courts of the judicial branch. In the Palestinian Authority
they are resolved by the Electoral Cases Court (Intikhabat mahkamet al
iste’naf), which is composed of nine judges appointed by the President of
the Palestinian Authority, based on the recommendations of the Supreme
Judicial Council (Majles al qada’ al a’la). In South Africa, they are resolved
by the Electoral Court, which was established in 1999, and in Sweden by
the Elections Review Council (Valprövningsnämnden), made up of seven
members appointed by the Parliament (Riksdag). The electoral courts in
South Africa, Sweden and the Palestinian Authority are autonomous and
independent from any other branch of government.