Elections on Trial: The Effective Management of Election Disputes and Violations
Country and
EDR Model
Kosovo
Permanent
electoral
tribunal
Jurisdiction
Procedures
decisions of the Registrar of
Political Parties and “disputes
arising out of party primaries."37
must be conducted. The
rules outline the format of
petitions, the service and
response to petitions,
notification of the public,
joined respondent, fees for
filing and costs.
Case management is
governed by the legislation
regulating general
administrative conflicts and
the ECAP Regulation no. 3
on Internal Case
Management System.45
The electoral dispute resolution
process is managed by the
Electoral Complaints and Appeals
Panel (ECAP),41 an independent
institution which adjudicates
complaints and appeals
concerning the electoral process.42
The ECAP is composed of Supreme
Court and District Court judges,43
and hears appeals from Central
Election Commission (CEC)
decisions. Certain ECAP decisions
may be appealed to the Supreme
Court of Kosovo.44
Case Management
System
‘Documents’ and
‘Stages’.
Strength
A dedicated Case and
Appeals Management
System (CAMS) was
developed in 2015, and
provides for a case
tracking module, public
access to CAMS reports,
and an English language
web page. CAMS records
information on the
complainant, time and
location of violation,
parties, type of dispute,
case number, remedy
sought, evidence,
penalties and relevant
institution.
Evidence is logged in the
case management system
through scans and uploads
of documents and
multimedia. Decisions and
judgments (including
dissenting opinions) are
tracked and updated with
the relevant data and files.
Weakness
dispute mechanisms to
solve complex legal
grievances.40
The ECAP accepts
complaints which are
“well-grounded” and
dismisses those that
suffer formal or
procedural
irregularities.46
Deadlines for filing and
deciding on complaints
and appeals are
extremely short.
37
Political Parties (Amendment)(No.2) Act, No. 21 (2016) Kenya Gazette Supplement No.112 (2016).
K. Ellena. and T. Roblot, Election Dispute Resolution Assessment White Paper, (Nov. 2016) at 9.
41 Formerly known as the Elections Complaints and Appeals Commission. Established pursuant to article 115 of the Law no. 03/L-073 on General Elections in the Republic of
Kosovo (LGE), Law no. 03/L-256 amending the Law no. 03/L-073 and the Law on Local Elections in the Republic of Kosovo Law no. 03/L-072.
42 Law No. 03/L-073 On General Elections in the Republic of Kosovo, Official Gazette of Kosovo (2008).
43 Law No. 03/L-256 On Amending and Supplementing the Law No. 03/L-073 on General Elections in the Republic of Kosovo, art. 9, Nov. 01, 2010,
http://www.kuvendikosoves.org/common/docs/ligjet/2010-256-eng.pdf.
44 If they involve fines higher than €5,000 or a fundamental right. Law No. 03/L-256, arts. 12 and 15
45 http://pzap.rks-gov.net/wp-content/uploads/2016/02/Rregulla-Nr.03-2015-PER-SISTEMIMIN-DHE-MENAXHIMIN-E-BRENDSHEM-TE-LENDEVE-2.pdf (In Albanian).
46 Law No. 03/L-073 On General Elections in the Republic of Kosovo, art. 118, Jun. 15, 2008, http://www.kuvendikosoves.org/common/docs/ligjet/2008_03-L073_en.pdf.
40
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