Chapter 2: Legal Frameworks for Effective Election
Complaints Adjudication Systems
cluding pre-trial procedures, allowed the tribunal judges to compel the parties in these cases to focus only on germane issues, to limit witnesses
to only those who had relevant, non-cumulative testimony, to exchange
documentary evidence pertinent to the proceedings, and to avoid adjournments except when necessary.
E. Country Example: Mexico
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The 1990 Federal Code of Electoral Institutions and Procedures gave the
EMB (Instituto Federal Electoral, IFE) and the Federal Electoral Tribunal
(Tribunal Electoral del Poder Judicial de la Federación, TEPJF) shared responsibility for election law enforcement. The Federal Electoral Tribunal
oversees the entire election process, resolves disputes, and certifies
the validity of election results. It is composed of a permanent sevenmember Superior Chamber, and five Regional Chambers. The Tribunal is
highly respected and effective, and its trustworthiness was crucial in deciding the very close election for President in 2006. However, this model
Resolving Election Disputes in the OSCE Area: Towards a Standard
Election Dispute Monitoring System (OSCE Report, 2000)
… A variety of approaches and mechanisms, forged by different legal
and political traditions, are used by governments in the resolution of
election disputes. The system chosen derives primarily from the overall
electoral framework, depending upon the institutions and procedures
involved in the process…
There are also a variety of models of legal process through which
election disputes are handled. Final decisions on claims can either
remain within the hierarchy of EMBs, be dealt with by the ordinary
court system exclusively or rest upon the constitutional court, acting
as an electoral court. In addition, different remedies may be provided,
including among others administrative action by state and/or election
officials to correct a problem, and criminal prosecution of an alleged
election fraud…
Obviously, there is no single method that is equally suited to all
countries. Which model is endorsed largely depends upon the degree
of consolidation reached in the democratic process. However, a
country’s discretion in its choices is not unlimited and must be exercised
consistently with international standards. The right to a remedy for
violation of human rights is itself a human right…
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See Tribunal Electoral del Poder Judicial de la Federación, http://www.trife.org.mx/ingles/
index.asp (English page).
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