Maximum adjudication time for the full EDR process (days)

Azerbaijan

Azerbaijan

Answer
19 days
Source

Election Code ofthe Republic of Azerbaijan, (as of 2013, in English)

 

Source: http://www.msk.gov.az//uploads/qanunvericilik/election_code_eng.pdf

Article 112. 3. If complaints of the personsindicated in Article 112.1 are initially not considered by a superior electioncommission, such persons may consequently file complaints on the decision orthe action (inaction) of the constituency election commission to the CentralElection Commission, and on the decision or the action (inaction) of theCentral Election Commission to the Court of Appeal

10. A decision on each complaint received bythe election commission during the election processes shall be made within 3days, or immediately if complaints are received on Election Day or the dayafter the Election Day, and delivered to the plaintiff.

11. Courts should consider complaintsconcerning decisions of election commissions within 3 days (if no lessertimeline is identified by this Code). A complaint on the court decision may befiled with a superior court of instance within 3 days. 

 

Article 203. 1. The Central Election Commissionshall finalize the Presidential Elections and submit the results to theConstitutional Court of the Republic of Azerbaijan for approval in accordancewith Article 102 of the Constitution, no later than 10 days from Election Day. Resolution of theConstitutional Court on this matter shall be final.

 

Amendment to the Administrative ProcedureCode of Azerbaijan from 20.04.2012 (in Azerbaijani)

Source:

http://www.meclis.gov.az/?/az/legislation/view/2044

 

http://translate.googleusercontent.com/translate_c?depth=1&hl=en&prev=_dd&rurl=translate.google.com&sl=az&tl=en&u=http://www.meclis.gov.az/%3F/az/legislation/view/2044&usg=ALkJrhiK3IV6fSuGVavT_Qc6orr_9XozNg

 

130.5. The decision of the court decision onthe case may be appealed to the Supreme Court within 3days from the date of submission of the decision in full format. Thecomplaint should be rewieved within 3 days, ifprior to voting day stays less than 30 days (but not later than Election Day)within 2 days, the day after Election Day and applications received and dealtwith immediately.

 

 

Constitution of the Republic of Azerbaijan,(as of 2009, in English)

 

Source: http://azerbaijan.az/portal/General/Constitution/doc/constitution_e.pdf

 

Article 102. Results of elections of thePresident of the Azerbaijan Republic are officially announced by ConstitutionalCourt of the Azerbaijan Republic within 14 days from the day of voting.

 

 

The Law on the Constitutional Court ofAzerbaijan 2011, (in English)

Source: http://www.constcourt.gov.az/laws/22

 

Article 56.6. The Constitutional Court shallofficially declare the information on results of elections of the President ofAzerbaijan Republic within 14days from the day of voting.
Comment

The legislation does not specify on how many daysshould pass between the decision of the lower instance(s) and filling inapplication to a higher instance.

Unlike the case with the parliamentary elections, there is no 10 daybreak between the decision of the Supreme Court and the hearing in theConstitutional Court. The legislation only informs that once the complaint isin the Constitutional Court, it has 10 days to make the decision.

There seems to be a contradiction between the time frames ofConstitutional Court’s decision making provided in article 56. Paragraph 6 ofthe Constitution and Article 203 of the Election Code.

 

3 days (EMB)+3 days (Court of Appeal) +3 (SupremeCourt) days+ 10 days (Constitutional Court)=19 days

Close tooltip