- 29 - CDL-AD(2020)025 protection of other fundamental rights and freedoms, according to the case-law of the European Court of Human Rights.154 109. Whereas provisions governing election dispute resolution systems proper to election administrations’ decisions, actions, and inactions are stated in electoral laws and other relevant laws, general administrative procedure rules contained in other pieces of legislation may also be applicable concerning the burden of proof, the right to submit evidence or other procedural guarantees in the context of electoral processes. For instance, in some countries, the disputes related to voter registration are solved in a procedure provided for the complaints concerning the civil register in general.155 Thus, the applicable procedure might not be found in electoral legislation. Similarly, the appeal procedure before a court – an administrative or constitutional court, or an equivalent body – is usually not stipulated in electoral laws, but more often in laws on courts’ procedures. 110. In order to guarantee full electoral rights, election dispute resolution systems should avoid obstacles to the lodging of complaints and appeals.156 The procedure should not be too complex and rigid, eliminating the possibility to submit an application which would deserve to be considered in substance. As indicated by the Code of good practice in electoral matters, “[t]he procedure must be simple and devoid of formalism, in particular concerning the admissibility of appeals.”157 The legislation should clearly provide consequences for the situation where the application contains shortcomings. The competent bodies should have the obligation to provide assistance when the complaints are submitted and the procedure should be carried out in good will. Moreover, in case the application is not submitted to the competent body, the applicant should be advised about the correct procedure to redirect his/her complaint, or, if need be, the application could be forwarded to the competent body by the body which has wrongly received the complaint. A margin of appreciation might be given to the institutions. 111. Applicants must be permitted to familiarise themselves with the materials related to their complaints and appeals.158 Where they complain to an election commission, they must be informed of the time and the date of the session at which their complaint will be considered so that they can attend the session. Similarly, assistance for the presentation of complaints should be ensured to complainants. Complaints on voter registration or the right to vote on election day are usually not complicated neither legally nor in fact. In such issues, an oral complaint might be acceptable. In other cases where the dispute is more detailed and legally complex and requiring an investigation of factual circumstances, a written form might be suitable. In most countries, a written form for the complaint is necessary.159 In some countries, an oral complaint is possible, depending on the type of complaint lodged.160 112. Applicants should be free to present their complaints or appeals without legal assistance. Especially in disputes concerning the cancellation of election results, an obligation for legal advice might be reasonable to avoid manifestly unfounded complaints and appeals. In 154 See Mugemangango v. Belgium, 10 July 2020, para. 130-131. Cf. Part IV. B. for more developments regarding voter lists. 156 See for instance 2009 Joint Opinion on the Election Code of Georgia as revised up to July 2008, para. 109. 157 Code of good practice in electoral matters, Guideline II. 3.3. b. 158 See for example 2010 Joint Opinion on the Amendments to the Electoral Code of the Republic of Belarus as of 17 December 2009, para. 68. 159 Albania, Algeria, Andorra (voter and candidate registration), Armenia, Bosnia and Herzegovina, Estonia (except for notice concerning deficiency in electoral management, which may not lead to an appeal to the court), France, Germany, Republic of Korea, Mexico, the Netherlands, North Macedonia (by e-mail to the State Election Commission), Norway (for the complaints concerning voter lists), Poland, Slovak Republic, Spain, Switzerland, Ukraine. In Bosnia and Herzegovina, the complaint has to be submitted in a form prescribed by the Central Election Commission. 160 Austria, Chile, Latvia, Monaco, Turkey. In Austria, complaints concerning voter registration and issuing of voting cards may be submitted orally with the duty of the competent body to protocol the applications. 155