OSCE/ODIHR NeedsAssessment Mission Report Early Parliamentary Elections Principality of Andorra(2011-04-03)

I. COMPLAINTS AND APPEALS

Complaints and appeals areregulated in the election law, ensuring a right to judicial review for allaspects of the election process. The Electoral Board is the body of firstinstance for most election-related complaints, including candidate registration,campaigning and the use of the media. It is required by law to respond within atight deadline. Exceptions to the role of the Electoral Board as the firstinstance complaint body include complaints regarding voter registration, whichare made to local councils, complaints on election day, which are made to thepolling station, and complaints about the results that are made directly to thecourts. Decisions of the Electoral Board and the local councils can be appealedto the Administrative Chamber of the High Court of Justice. Should any aspectsof the complaint relate to fundamental rights and freedoms, the decision of theHigh Court of Justice can be further appealed to the Constitutional Court.

Officefor Democratic Institutions and Human Rights,

http://www.osce.org/odihr/elections/76277 as retrieved on2013-11-09.

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

…

6. There shall be a right to appeal against theprovisions and resolutions of the Electoral Commission to the AdministrativeChamber of the Higher Court of Justice, within twenty four hours following thenotification of the decision. The same day in which the appeal is presented,the Chamber will submit it to the parties and to the Attorney-General’s Office,so that they may formulate responses.

The Higher Court of Justice shall pronounce within the period of forty eighthours, its understanding in compliance with respect to constitutionalrequirements.

Legislationline.org,