Possibility to appeal

Iceland

Iceland

Answer
No
Source

L?g umkosningar til Al?ingis (Act Concerning Parliamentary Elections to the Althing),(published 2000-05-16, last amended 2011-09-28), http://?www.?althingi.?is/?lagas/?140a/?2000024.?html

(Englishversion (not updated): http://?www.?kosning.?is/?english/?laws-?and-?regulations/?act-?no.-?242000/?)


OSCE final report 2013 Icelandic parliamentary elections, p. 18

http://?www.?osce.?org/?odihr/?elections/?103053

 

The Constitution provides the right of recourse to an independent and impartial court of law within a reasonable time [Article 70]. However, the PEA [Parliamentary Elections Act] does not clearly prescribe any judicial appeal against decisions regarding voter and candidate lists registration taken by the municipal authorities and the NEC, respectively. The admissibility of such recourses has never been determined since no such complaint has ever been filed to the court.

 

 

Constitution of the Republic of Iceland (Stj?rnarskr? l??veldisins ?slands), (published 1944-06-17, last amended 1999-06-24)

http://?www.?kosning.?is/?english/?laws-?and-?regulations/?constitution/?

 

Article 70
Everyone shall, for the determination of his rights and obligations or in the event of a criminal charge against him, be entitled, following a fair trial and within a reasonable time, to the resolution of an independent and impartial court of law. A hearing by a court of law shall take place in public, except if the judge decides otherwise as provided for by law in the interest of morals, public order, the security of the State or the interests of the parties.
Everyone charged with criminal conduct shall be presumed innocent until proven guilty.

Comment

The Parliamentary Elections Act does notspecify any possibility to appeal decisions regarding candidate listsregistration taken by the NEC. However, the OSCE report below suggests thatArticle 70 of the Constitution might open up a possibility to bring up suchissues to a court of law. Since (1) this possibility has never been attemptedand (2) the article is expressed only in general terms leaving it up to thecourts to interpret and (3) the Parliamentary Elections Act does not include anact on the possibility to appeal decisions by the NEC, this act should not beseen as a real method to appeal but rather as a hypothetical possibility.

 


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