222. It is thus common for an EDRS to provide for several types of challenge
and several mechanisms for resolving them – the EMB, one or more judicial
bodies and, on occasion, a legislative body. While EDR systems generally
provide for different types of mechanism, all of them should be consistent
with the principles and guarantees of EDR systems in order to ensure that all
electoral actions, procedures and decisions are in line with the principles of
constitutionality and legality.
223. In identifying the principles and guarantees of EDR systems, the intention
is to establish parameters in keeping with international commitments and
standards, ‘good practices’, and ‘minimum conditions’ required for considering
an EDR system to be in line with the principles characteristic of constitutional
democracy under the rule of law. It should be noted that identifying such
principles and guarantees is not intended to inhibit other experiments or
practices, as long as their purpose is to consolidate the holding of elections
that are free, fair and genuine, and in keeping with the law. Commitments
and standards are constantly evolving in both theory and practice.
224. Citizens, candidates, political parties, the media, the authorities and
all those who play a role in electoral processes are expected to comply with
electoral law voluntarily, of their own accord. However, an EDR system is
needed to ensure the observance of the entire electoral law and to address
those cases in which the law is violated. The EDR system is an essential form
of support to ensure that electoral actions, procedures and decisions are in
keeping with electoral and other law.
225. Among the measures aimed at ensuring that electoral challenges are
resolved lawfully, there exist both structural guarantees and procedural
guarantees. Structural guarantees are those legal instruments for ensuring
that EDRBs act with autonomy, independence and impartiality (for example
the procedure for selecting and appointing their members). Procedural
guarantees are those legal measures that help to ensure that the mechanisms
for bringing and resolving electoral challenges have attributes which promote
electoral justice and ensure that the EDR system is both effective and efficient
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6. Principles and guarantees of EDR systems
of the EMB at a higher level. This organ generally has the power to correct
the alleged irregularity. Once the official result with respect to an election
is issued, several EDR systems provide for the right of political parties or
candidates that are not satisfied to challenge it before a judicial body (regular,
constitutional, administrative or electoral court). On occasion this judicial
stage provides for a challenge first before a regular court of the judicial
branch or an electoral court, and then before a constitutional court, which
issues the final ruling. Some EDR systems still provide for the possibility of
a subsequent challenge before the legislative body, which in such systems has
the final decision on the validity of the election and its results.