II. Generic Guidelines for Election Dispute Resolution The following guidelines are not intended to describe in detail a model system of election dispute resolution. They seek only to set out what is generally accepted as being good principle and practice in addressing election-related disputes. They set the parameters for election dispute resolution mechanisms which comply with the rule of law. Subject to adjustments required as a result of the great variety of legal and electoral systems in the world, the standards discussed below should serve to stimulate a constant endeavour to overcome practical difficulties in their application. They represent, as a whole, the minimum condition commonly accepted by the international community. These standards cover a field in which theory and practice are constantly developing. They are not intended to preclude experiments and different practices, provided these are in conformity with the standards and seek to further the purpose of consolidating the rule of law and free and fair elections. The principles set out below have been formulated and articulated with reference to a dual complaint procedure specifically involving electoral bodies and courts. In some countries, alternative procedures are being considered, such as the creation of specialist courts to adjudicate election complaints and appeals, or the development of an administrative justice system with jurisdiction over election disputes. However these alternatives have so far had little chance of being endorsed and implemented, mainly for financial reasons. Finally, these principles stand at the crossroads of international rule of law and election standards. Some of them are principles of justice or related to fundamental rules embodied in international instruments, while others are practical. They all have as their foundation the rules relating to the right to a fair trial, particularly as laid down in paragraph 5.10 of the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE5, in paragraph 13.9 of the CSCE Concluding Document of Vienna6 as well as in Article 6 of the European Convention on Human Rights7. In particular, this includes the independence of the judiciary 8 as further prescribed in paragraphs 19, 20 and 21 of the Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE.9 A. General principles 1. Every individual and every political party has the right to the protection of the law and to a remedy for violations of their political and electoral rights. 2. Every individual or political party whose candidature, party or campaign rights are denied or restricted shall be entitled to address their grievance within a competent jurisdiction. 5 Copenhagen, 29 June 1990. Third Follow-Up, Vienna, 19 January 1989. 7 Convention for the Protection of Human Rights and Fundamental Freedoms , Rome, 4 November 1950. 8 The “Basic Principles on the Independence of the Judiciary”, adopted by the Seventh United Nations Congress On the Prevention of Crime and the Treatment of Offenders, held in Milan from 26 August to 6 September 1985 and endorsed by General Assembly Resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985, should also be taken into account. 9 Moscow, 3 October 1991. 6 9