Requirement to issue reasoned decision

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

ChapterThree. Candidatures

Article 24. Appeals beforethe Electoral Commission

1. The candidates and legalrepresentatives of the candidatures may appeal to the Electoral Commissionagainst a motivated rejection or proclamation of candidatures, within oneworking day from the date of publication of the rejection or proclamationsthereof.

2. The Electoral Commissionshall immediately demand the records to the corresponding local council or tothe Government, which shall submit them within one working day aftercommunicating this circumstance to the legal representatives of the othercandidatures, who shall have another working day to make statements before theElectoral Commission.

3. The decision of the Electoral Commission shallbe issued within one working day from the conclusion of this period.Against it there shall be the right to appeal before the Administrative Sectionof the Higher Court of Justice, regulated by this law.

Article 28. Competences ofthe Electoral Commission

1. The Electoral Commissionshall have the following responsibilities:

b) Determine any complaintor consultation submitted by interested parties in the development of theelection process and related to the specific competences of the ElectionCommission.

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2. Public authorities,candidatures or their candidates or proxies, election administrators, heads ofmedia, and voters, all of them having a legitimate interest, as assessed by theCommission, shall be entitled to submit consultations, complaints or appealsbefore the Electoral Commission, according to the present law.

3. The Electoral Commissionwill adopt its decisions in the form of recommendations, resolutions or generalprovisions, which shall be published in the Official Gazette of thePrincipality of  Andorra. Decisions shallbe motivated to the extent necessary.

The resolutions and provisionsshall be mandatory for all authorities and citizens and immediately executive,allowing the Commission to adopt all the necessary provisional measures thatmay be necessary in emergency cases.

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6. There shall be a rightto appeal against the provisions and resolutions of the Electoral Commission tothe Administrative Chamber of the Higher Court of Justice, within twenty fourhours following the notification of the decision. The same day in which theappeal is presented, the Chamber will submit it to the parties and to theAttorney-General’s Office, so that they may formulate responses.

The Higher Court of Justiceshall pronounce within the period of fortyeight hours, its understanding incompliance with respect to constitutional requirements.

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