First instance body dealing with electoral disputes
Greece
In effect, there is no possibility to submit acomplaint regarding party and candidate registration, as per article 33 and 35of Presidential Decree No. 26 /2012 codifying the provisions on parliamentaryelections. This goes against paragraph 5.10 of the 1990 OSCE CopenhagenDocument, which provides that “everyone will have an effective means of redressagainst administrative decisions, so as to guarantee respect for fundamentalrights and ensure legal integrity.”
http://www.osce.org/odihr/elections/14304?download=true
Article 33 and 35 of Presidential Decree No.26 /2012 codifying the provisions on parliamentary elections
Candidates (individuals) are declared eligible by the competent Court ofFirst Instance in each constituency. Then, the lists of eligible candidates(running both with parties and independently) are submitted to the SupremeCourt (?Areios Pagos?) which publicly announces the candidate lists (art. 35 ofthe Presidential Decree No. 26/2012). Since the Supreme Court is a court oflast instance, there are no legal provisions allowing an appeal against thisdecision.
http://www.ypes.gr/UserFiles/f0ff9297-f516-40ff-a70e-eca84e2ec9b9/pd_26_2012.pdf
The court of first instance is the local court withjurisprudence in the area where the registration is carried out. The SupremeCourt is, as its name indicates and as stated in the Constitution of Greece,the Court of Last Instance.
As the law clearly reads, the role of the Court ofFirst Instance is ONLY assessingeligibility of candidates and submitting the list to the Supreme Court (AreiosPagos by its greek name). The law does not contemplate the submission ofcomplaints to the Court of First Instance.
The law leaves no space for complaints, as the Courtof First Instance only assess eligibility of candidates and submit the list tothe Supreme Court and the Supreme Court does not allow for challenging of itsdecisions (see more in the sources).
