179. Germany may also be included in this type of EDRS (see box 5.6). The
certification of elections is entrusted to the Bundestag (usually considered
as the lower house of the Parliament). Appeals can be made to the Federal
Constitutional Court. This is a mixed judicial-legislative EDRS, in which the
judicial component is predominant because the final decision is in the hands
of the Federal Constitutional Court.
Box 5.6. A mixed judicial-legislative EDR system in Germany:
executive and legislative control of elections
Ralf Lindner
The conduct of federal elections in Germany is overseen by the Federal Election Supervisor (Bundeswahlleiter) in cooperation with the 16 länder election supervisors
(Landeswahlleiter) and the constituency supervisors (Kreiswahlleiter). The Bundeswahlleiter, who is traditionally the President of the Federal Statistical Office (Statistisches Bundesamt), is appointed by the federal Ministry of the Interior and the other
election supervisors are designated by the länder governments. The supervisors chair
the respective election commissions (Bundeswahlausschuss, Landeswahlausschuss
and Kreiswahlausschuss).
The federal EDR system is run by a parliamentary committee (Wahlprüfungsausschuss)
that is composed of nine members of the Parliament (Bundestag) and nine deputies.
Any parliamentary caucus not represented among the regular members is granted an
advisory representative. The members of the committee are chosen by the Parliament
as a whole and deal with all formal complaints. By convention, the committee is
representative of the party composition of the current Parliament. All the decisions
made by the committee are subject to appeal to the Constitutional Court, but for an
appeal to be originated by citizens requires 100 supporting signatures.
Even though the court of final appeal is the Constitutional Court, the electoral process
can be seen to be under executive control (through the EMB) and its supervision is
led by Parliament (the EDRB). The dispute resolution process can take two years (one
year in committee and another at the Constitutional Court), and in some instances
considerably longer. Complaints can only be filed after the elections are over and the
Parliament has formed itself; thus even disputes over pre-electoral issues are decided
after the elections. Although reform proposals have been made a major reform currently
seems unlikely.
180. The French Constitutional Council (Conseil Constitutionnel) is also an
example of this type of EDRS. Since 1958, it has had jurisdiction over verifying
that the election of the President of the Republic and any referendums comply
with the legal framework, as well as examining claims, announcing the results
of the vote and ruling on challenges to the election of deputies and senators.
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5. A general classification of EDR systems
or judgements of this court can mandate the partial or total repeat of an election
for members of the National Congress or a provincial Parliament.