Country Year Ruling/decision by Outcome of ruling Germany 2008 Constitutional Court Declared some provisions of the Federal Electoral Act establishing the effect of ‘negative voting weight’ in the electoral system unconstitutional, obliging the legislature to formulate a new constitutional provision by June 2011 at the latest Moldova 2009 Constitutional Court Recount of votes for parliamentary elections 1. Introduction (cont.) 5. Challenges may arise in any part of the electoral cycle. Challenges should be perceived not as a reflection of the weakness of a political system or a symptom of deficient or manipulated electoral procedures, but as a test of the strength, vitality and openness of the system and its procedures. While greater access to and understanding of the EJS may result in a larger number of challenges, it may also help to ensure that electoral conflict is dealt with and resolved by institutional means, thereby contributing to stability and peace and thus reducing potential conflicts of any other kind. 6. A wide array of means and mechanisms can be drawn on to prevent or resolve electoral disputes. This variety is a positive factor, as there is no single or magic formula for ensuring that the electoral process complies with the legal framework or for defending electoral rights. 7. Even though the existence of a robust electoral justice system alone does not guarantee the holding of free, fair and genuine elections, its absence may contribute to deepening or aggravating conflicts. If elections are held without an appropriate, comprehensive and consensus-based legal framework that is committed to democratic principles and values, if they are not well organized, or if there are no specific electoral justice mechanisms in place, electoral processes may aggravate existing frictions or even lead to armed or violent conflict, as occurred during the presidential election in Kenya in December 2007. 8. Electoral justice is not just about proceedings to enforce electoral rules. It is integral to the design and conduct of electoral processes, and influences the actions of all stakeholders. In addition to the influence of the law or the legal framework governing the electoral processes themselves, an electoral justice system is heavily influenced by the socio-cultural, historical and political context in which it operates. Hence diverse electoral justice practices and systems exist in different national and regional contexts around the world. 9. An electoral justice system needs to operate efficiently in a technical sense. It should also act effectively, which means independently and impartially, and should promote justice as well as transparency, accessibility, inclusiveness and equal opportunity. It should communicate that it operates well, so that all 3