Box 5.7. Citizen challenge in Colombia
In Colombia, any citizen has the standing to bring a challenge, or acción popular,
before the Council of State (Consejo de Estado) against the actions and decisions of
the independent EMB – the National Electoral Council (Consejo Nacional Electoral).
Such challenges can be related to the general vote count in any national election, the
declaration of the outcome, and the issuance of credentials. The Council of State is an
independent administrative law court with full jurisdiction to annul, rectify, or modify
decisions made by the EMB.
iv) Specialized electoral courts with functional independence
187. This type of EDR system confers the power of final resolution of
electoral disputes on courts that are specialized in electoral matters and enjoy
functional independence, either as part of the judicial branch or independent
of the three branches of government.
188. The first such EDR system, under the Electoral Court (Corte Electoral)
of Uruguay, was provided for in statute in 1924. In 1925 the Electoral
Certifications Tribunal (Tribunal Calificador de Elecciones) of Chile was
provided for in the Chilean Constitution. Over the course of the 20th century,
this type of electoral court was gradually established in the vast majority
of Latin American countries. It can be said that such electoral courts are a
Latin American contribution to political science and to election law, and have
contributed significantly to the processes of democratization and democratic
consolidation in the countries of the region, especially since the ‘third wave
of democratization’ of the late 1980s and 1990s.
189. The creation of specialized electoral courts was a response by various
countries to the need to safeguard the judicial nature of the function of
passing judgement on elections, and take it away from the political assemblies
which had previously had the responsibility, without exposing the judicial
branch (where the specialized court is autonomous) or at least the Supreme
Court (where it belongs to the judicial branch) to recurrent questioning and
pressure by political party interests.
73
5. A general classification of EDR systems
186. The countries with an EDRS entrusted to an administrative court include
Colombia, where it is autonomous since it is not part of the judiciary and is
called the Council of State (Consejo de Estado). Another example is Finland,
through the Supreme Administrative Court (Korkein Hallinto-Oikeus) on
appeal from provincial administrative courts – all of which are part of the
judiciary – adjudicating on complaints in respect of the decisions of electoral
district commissions on election results.