204. Article 79 of the Turkish Constitution establishes that the Supreme
Election Council (Yüksek Seçim Kurulu Başkanliği) shall execute all the
functions for ensuring the fair and orderly conduct of elections from the
beginning to the end of the electoral process, as well as carrying out any
investigations and taking the final decision on all irregularities, complaints
and objections concerning the elections during and after the polling, and
verifying the election returns for the members of the Turkish Grand National
Assembly (Büyük Millet Meclisi). It also sets out that no appeal shall be made
to any authority against the decisions of the Supreme Election Council.
205. There are cases of EDR systems entrusted to an independent EMB
that are highly successful and credible, as in Costa Rica and Uruguay.
These have become paradigms in their region by virtue of their respective
normative frameworks and, above all, the performance and quality of their
members. Both are examples of EDRSs in democracies that are not large
and have adopted good practices. One factor contributing to their success is
undoubtedly the deeply ingrained political culture in their societies, which
are considered to be among those most committed to democratic principles
and values in Latin America. The electoral courts in both countries have
probably contributed to the development of that political culture during their
many years of service.
206. Even so, the possible adoption of an EDR system entrusted to the EMB,
with absolute judicial powers, should be considered very carefully in view of
the potential for the abuse of such powers by independent bodies – especially
when their decisions are not subject to appeal or to review. There may be
more likelihood of abuses of power when a single authority is responsible
for both running elections and adjudicating on disputes which arise out of
these elections, and the EMB acts both as judge and challenged party in the
same matter. The same argument is used to support moving jurisdiction over
EDR systems from legislative bodies to judicial organs, insofar as a great
many electoral disputes stem from challenges to the actions, procedures and
decisions of the EMBs.
207. Nonetheless, the Declaration on Criteria for Free and Fair Elections (see
box 5.1) regards an independent and impartial electoral commission as an
acceptable body to determine complaints relating to the electoral process.
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5. A general classification of EDR systems
203. In Latin America there is a growing interest in safeguarding elections
from the influence of any external authority, especially from the three branches
of government. Many consider that the best guarantee of free, fair and genuine
elections is to keep all electoral matters, including the EDR system, under
the responsibility of an independent and autonomous electoral authority – an
independent EMB with judicial powers which directs the electoral process
from beginning to end and resolves any challenges with rulings that are final.