190. On the basis of the classification criteria adopted above, the only courts
that should be included in this category are those specialized electoral courts
(whether part of the judicial branch or autonomous) that are authorized to
issue the final ruling relating to challenges brought against election results,
against which no judicial or constitutional remedy or appeal may be invoked
– as in Chile, the Dominican Republic, Ecuador, Mexico, and Peru, as well as
Albania, Greece, the Palestinian Authority, South Africa and Sweden. While
the electoral courts in Albania, Greece, and Mexico are part of their respective
judicial branches, those in the other countries mentioned are autonomous.
All, however, enjoy functional independence.
191. Specialized electoral courts whose decisions can be challenged on
constitutional grounds before the Supreme Court (as in Brazil, El Salvador,
Honduras, Panama and Paraguay), or a Constitutional Court (as in Bolivia and
Ecuador) or both in succession (as in Guatemala) should therefore be classified
with those EDR systems in which the final decision on electoral challenges
vests with the regular courts of the judicial branch or in constitutional courts
or councils. All the electoral courts mentioned in this paragraph, apart from
those of Brazil and Paraguay which are part of the judiciary, are autonomous
or independent.
192. Not included in this category are the specialized electoral courts
which, although the final resolution of all types of election is entrusted to
them, simultaneously have the functions of organizing and administering
the electoral process, meaning that they also act as the EMB. This is the
case in Costa Rica, Nicaragua and Uruguay. Regardless of whether they are
designated electoral tribunals or courts, because these three perform electoral
management functions as well being autonomous or independent, they are
placed with those EDR systems in which the final resolution of election
disputes is entrusted to the EMB.
193. Many EDRSs in Latin America confer on specialized electoral courts the
final resolution of challenges to elections. Most of the region’s autonomous
and independent electoral organs have administrative, judicial and even
regulatory functions. However, some countries have two autonomous and
independent specialized electoral authorities, one of which is entrusted
with administrative aspects, organizing, directing and overseeing elections
(the EMB), while the other makes judgements on challenges to the EMB’s
decisions (the EDRB). Systems that combine the possibility of bringing a
challenge before an independent EMB with an appeal to an autonomous
and independent electoral judicial body (as in Chile, Dominican Republic,
Ecuador, and Peru) should be distinguished from those where the appellate
body is part of the judiciary (as in Mexico and Venezuela). Outside Latin
America, Albania, Greece, the Palestinian Authority, South Africa and
Sweden also fall into the latter category.
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