Chapter 1: International Standards
instance, it can be an important component in providing individuals and
political parties with a more effective means to access remedies.224
B. A Limited Time Frame for Review
As discussed above, setting clear time limits for the review of initial filings and the determination of all required appeals is necessary in order
to bring fluidity to the process.225 Furthermore, reviews of claims by the
electoral tribunal or electoral complaints commission should be fast and
effective. Specific time frames should take into account the need for the
adjudication of the claim to take place within the time limits of the election process,226 for the remedies to be implemented in a similar timeframe,
and for the decision to be released in a timely manner. Indeed, appeals
should not be used to delay the certification of the results or to harass
the adversarial party or candidate. Time limits for lodging and deciding appeals must be short. The European Commission for Democracy through
Law, for example, has set the standard of three to five days for each at first
instance.227 This recalls and buttresses the general principle of expeditious
proceedings in the adjudication of electoral complaints.
C. Legal Justification of Decisions
As previously stated, a transparent right of redress requires that the petitioner be informed of the reasons why the claim was dismissed or denied. Thus, the electoral complaint adjudication body should clearly state
the legal basis used or factual determination made when it ruled on the
particular case, based on a clear elucidation of the possible electoral offenses in the law. It is even more important to provide explanation for
any decisions when there is no mechanism for an appeal, or for choices
in remedy.228 Thus, the judge or arbiter should detail in the decision, for
Human Rights and Elections Handbook, supra note 9, at 16 (“The right to challenge election
results and for aggrieved parties to seek redress should be provIded by law. The petition
process should set out the scope of available review, procedures for its initiation and
the powers of the independent judicial body charged with such review. Multiple levels of
review, where appropriate, should be described as well.”).
225
Organization for Security and Co-operation in Europe, Office for Democratic Institutions
and Human Rights, Republic of Kazakhstan: Review of the Election Legislation for Election
Disputes, Appeals and Penalties 2 (2001) [hereinafter Kazakhstan Report], available at http://
www.osce.org/odihr/elections/kazakhstan/item/14597.
226
Commonwealth Convention, supra note 39, art. 10, § 2(f).
227
Venice Commission Code, supra note 44, at 30.
228
See E.U. Nicaragua Report, supra note 38, at 63 (“This is particularly serious given that this
resolution was the last instance and no further appeal was possible.”).
224
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