OSCE/ODIHR NeedsAssessment Mission Report Early Parliamentary Elections Principality of Andorra(2011-04-03)

I. COMPLAINTS AND APPEALS

Complaints and appeals areregulated in the election law, ensuring a right to judicial review for allaspects of the election process. The Electoral Board is the body of firstinstance for most election-related complaints, including candidate registration,campaigning and the use of the media. It is required by law to respond within atight deadline. Exceptionsto the role of the Electoral Board as the first instance complaint bodyinclude complaints regarding voter registration, which are made to local councils,complaints on election day, which are made to the polling station, and complaints about the resultsthat are made directly to the courts. Decisions of the Electoral Boardand the local councils can be appealed to the Administrative Chamber of the HighCourt of Justice.

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Officefor Democratic Institutions and Human Rights,

http://www.osce.org/odihr/elections/76277as retrieved on 2013-11-09.

ElectoralBoard Principalityof Andorra,

http://www.eleccions.ad/EG_2011/docs/Llei%2028.pdf as retrieved on2013-11-09

Qualified Law 28/2007, ofNovember 22, amending Qualified Law on the Electoral System and Referendum (2007-11-22)

Article 45. National minutes

In elections to the General Council or referendum, the Government, inview of the minutes of the polling stations, shall make the general count andestablish the national minutes, and the head of the Government shall announcethe results.

Article 46. Appeal againstthe announcement of election results

There shall be a right toappeal to the courtsagainst the announcement of the election results, which if based on violationof a fundamental right, shall be dealt with by the preferential and summaryprocedure provided for in the Constitution.

Legislationline.org,

http://legislationline.org/topics/country/46/topic/6  as retrieved on 2013-11-09.

Information sheet The Higher Council of Justice:

Magistracy(Batllia)

I. Dutyand composition
The Andorran Magistracy (Batllia) is the jurisdiction of firstinstance and instruction in all jurisdictional ambits. It is structured incivil, penal, administrative and special instruction sections. 
The Magistracy and the Magistrates (Batlles), whether sitting as a singleperson court or in collegiate composition, in accordance with the provisions ofthe Qualified Law of Justice and the Laws of Procedure, are competent to judgein the first instance all contentious affairs, except cases, in criminal matters,of major offences. 
The Magistrates examine criminal affairs individually; they can also sit as asingle person Court (1 Magistrate alone) for voluntary jurisdiction. Incriminal matters, criminal contraventions are judged by a single Magistrate andminor offences are judged by a Magistrates' Court. 
In civil matters, proceedings of minimum quantity or summary cases, that is,not exceeding 12,000 euro, are heard by a single Magistrate and those ofindeterminate quantity or when the amount is over 12,000 euro are heard in aMagistrates' Court. 
In administrative matters, affairs related to contentious matters of SocialSecurity are heard by a single Magistrate and all other questions in thisjurisdictional ambit come before a collegiate court.
This jurisdiction is composed by an assembly of Magistrates of no less than 8,with their President.

TheHigher Council of Justice,