Requirement to issue reasoned decision in the last instance

LAW on Election of Members ofthe National Assembly (LEMNA) and Amendments of Law on Election of Members ofthe National Assembly

Art. 117 (new)

Any person or/and politicalparty whose appeal is rejected by the National

Election Committee, he sheor/and the political party may appeal in writing to the

Constitutional Council withinseventy two (72) hours after the date of receiving the

rejection notice.

The Constitutional Council shallopen a public hearing to rule on the appeal

within ten (10) to twenty (20)days after receiving the appeal.

The decision of theConstitutional Council shall be final.

If the Constitutional Councilfinds that the appeal is unacceptable, it shall:

- complete the appeal’srejection form, indicating the reasons and the

date of rejection;

- send a copy of the rejectionto the appellant or/and the concerned political

party and to the NationalElection Committee;

- publicize the decision andretain one copy for filing.

If the Constitutional Councilfinds that the appeal has reasonable ground, it

shall open a public hearing toreview and decide on the appeal within ten (10) to

twenty (20) days afterreceiving the appeal.

A) If the ConstitutionalCouncil upholds the appeal, it shall:

- complete the approval form,indicating the reasons and the date of

approval;

- send a copy of the approvalto the appellant or/and the political party ;

- issue a decision instructingthe National Election Committee to reject

the election results of thatpolling station or those polling stations and

to organize the re-election atthat polling station or those polling

stations within eight (8) daysfrom its decision;

- publicize its decision andretain a copy for filing.

B) If the ConstitutionalCouncil rejects the appeal, it shall:

- complete the rejection form,indicating of the reasons and the date of

rejection;- send a copy of therejection to the appellant or/and the concerned

political party, and to theNational Election Committee;

- publicize its decision andretain a copy for filing.

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