CDL-AD(2020)025 - 28 - laws should therefore expressly and systematically set realistic146 deadlines for lodging and adjudicating complaints and appeals for each phase of the electoral process, by which either the courts or the electoral bodies must reach a timely decision. A balance is thus necessary and advisable in the law between the thoroughness and complexity of the election dispute resolution system on the one side, and speedy and flexible procedures on the other side. Considering that a majority of countries do not provide explicit legal provisions regarding time limits for the main steps of electoral processes, it may be recommended to include such time frames in the legislation, especially in countries where trust in electoral processes remains weak. Moreover, it is crucial that the legitimacy of the elected bodies is determined early, preferably before they take office, and it has to be avoided that decisions are taken only close to the end of their mandates. VIII. Other procedural issues A. Right to a fair trial and effectiveness of election dispute resolution systems 106. The European Court of Human Rights case-law emphasises that “a domestic system for effective examination of individual complaints and appeals in matters concerning electoral rights is one of the essential guarantees of free and fair elections.”147 The “effective examination” requirement as established in the case-law of the Court implies that grounds for appeals should not be stipulated in the law or interpreted so narrowly that they prevent the effective examination of complaints. 107. Additionally, the European Court of Human Rights has underlined in its case-law that the right to an effective examination of complaints extends to “an arguable claim concerning election irregularities” both relating to individual rights and state’s positive obligations to hold free and fair elections.148 According to the Court, states have to undertake an effective examination of the applicants’ claims.149 108. In order to comply with international standards, complaints and appeals procedures should clearly provide inter alia for the right for voters, candidates and political parties to effective and speedy remedies.150 They should also be entitled to present evidence in support of their complaints, to a public and fair hearing, to impartial and transparent proceedings on the complaints, to effective and speedy remedies as well as the possibility of appeal to a court – or at least another impartial body – in final instance if a remedy is denied.151 The guiding principles of election dispute resolution systems are therefore not different from general principles of good administration152 or principles of fair judicial proceedings.153 In electoral matters, an administrative or judicial remedy has thus to be as efficient as remedies for the As underlined by the 2006 Report on the Participation of Political Parties in Elections, para. 40, “The precise time frame may vary from one country to another depending on multiple factors such as the systems of ballot counting and of transmitting results but also from case to case due to the organisation of different elections, which may be held in different contexts. The Report however refrained from drawing general conclusions on deadlines.” 147 Namat Aliyev v. Azerbaijan, 8 April 2010, para. 81. 148 Namat Aliyev v. Azerbaijan, 8 April 2010, para. 88. 149 Gahramanli and others v. Azerbaijan, 8 October 2015, para. 73-74. 150 Code of good practice in electoral matters, II 3.3. See among the opinions issued for example 2004 Joint Recommendations on the Electoral Law and the Electoral Administration in Moldova, para. 111. See above Part VI. 151 Code of good practice in electoral matters, II 3.3. See also Mugemangango v. Belgium, 10 July 2020, para. 70. See among the opinions 2004 Joint Recommendations on the Electoral Law and the Electoral Administration in Moldova, para. 111. 152 See for example 2011 Stocktaking on the notions of “good governance” and “good administration”, para. 65. 153 See 2016 Rule of Law Checklist, II. Benchmarks, E. Access to justice, 2. Fair trial, a. Access to courts and c. Other aspects of the right to a fair trial. 146