Number of levels of adjudication
Germany
Federal Elections Act(Bundeswahlgesetz), (published 1956-05-07, last amended 2013-05-03),
Section 18
Right to Nominate Candidates,Notification of Participation
(4) The Federal Electoral Committeeshall confirm as binding for all electoral bodies not later than theseventy-ninth day before the election
1. which parties have beencontinuously represented in the German Bundestag or in a Landtag since the lastelection by at least five members nominated by the party itself,
2. which associations, havinggiven notification of their participation pursuant to subsection (2), shall berecognized as parties for the election; a two-thirds majority is necessary torefuse an association recognition as a party for the election. The confirmationmust be announced by the Federal Returning Officer in the meeting of theFederal Electoral Committee. It must be made public.
[…]
(4a) A party or association maylodge a complaint with the Federal Constitutional Court against a confirmationpursuant to subsection (4) which prevents it from submitting nominations withinfour days after the announcement. In such case the party or association must betreated by the electoral bodies like a party entitled to submit nominationsuntil a decision has been taken by the Federal Constitutional Court, but notlonger than by the end of the fifty-ninth day before the election.
Section 25
Rectifying of Faults
(1) The Constituency ReturningOfficer must examine the constituency nominations immediately upon receipt. Ifhe finds faults in a constituency nomination, he shall immediately notify thespokesperson and demand him or her to rectify the faults that can be correctedin due time.
[…]
(4) The spokesperson may appealto the Constituency Electoral Committee against orders issued by theConstituency Returning Officer in proceedings concerning the rectifying offaults.
Section 27
Land Lists
(1) Land lists may only besubmitted by political parties. […]
[…]
(5) Section 21 subsections (1),(3), (5) and (6) as well as Sections 22 to 25 shall apply as appropriate,provided that the assurance in lieu of an oath to be given under Section 21subsection (6), second sentence, also covers an assurance to the effect thatthe order of names of the candidates in the Land list has been laid down bysecret ballot.
Section 26
Approval of ConstituencyNominations
(1) The Constituency ElectoralCommittee shall decide on the approval of constituency nominations on thefifty-eighth day before the election. It shall reject constituency nominationsif they
1. are submitted too late, or
2. do not meet the requirementsset forth in this Law and in the Federal Electoral Regulations, unlesssomething different is specified in these provisions.
The decision must be announced atthe meeting of the Constituency Electoral Committee.
(2) If the Constituency ElectoralCommittee rejects a constituency nomination, an appeal may be lodged with theLand Electoral Committee within three days of the announcement of the decision.The spokesperson for the constituency nomination, the Federal Returning Officerand the Constituency Returning Officer shall be eligible to lodge an appeal.The Federal Returning Officer and the Constituency Returning Officer may alsoappeal against a decision by which a constituency nomination is approved. Thepersons concerned attending the appeal proceedings must be heard. The decisionon the appeal must be taken not later than the fifty-second day before theelection.
(3) The Constituency ReturningOfficer shall make the approved constituency nominations public not later thanthe forty-eighth day before the election.
Section 28
Approval of the Land Lists
(1) The Land Electoral Committeeshall decide on the approval of the Land lists on the fifty-eighth day beforethe election. It must reject Land lists if they
1. are submitted too late, or
2. do not meet the requirementsset forth in this Law and in the Federal Electoral Regulations, unlesssomething different is specified in these provisions.
If the requirements are not metonly regarding individual candidates, their names shall be deleted from theLand list. The decision must be announced at the meeting of the ConstituencyElectoral Committee.
(2) If the Land ElectoralCommittee rejects a Land list wholly or in part, an appeal may be lodged withthe Federal Electoral Committee within three days of the announcement of thedecision. The spokesperson for the Land list and the Land Returning Officershall be eligible to lodge an appeal. The Land Returning Officer may alsoappeal against a decision by which a Land list is approved. The personsconcerned attending the appeal proceedings shall be heard. The decision on theappeal must be taken not later than the fifty-second day before the election.
(3) The Land Returning Officershall make the approved Land lists public not later than forty-eighth daybefore the election.
Federal Elections Act(Bundeswahlordnung), (published 2002-04-19, last amended 2013-05-13), http://www.bundeswahlleiter.de/en/bundestagswahlen/downloads/rechtsgrundlagen/bundeswahlordnung_engl.pdf
Section 35
Preliminary Examination ofConstituency Nominations by the Constituency Returning Officer
[…]
(3) If an appeal is lodged withthe Constituency Electoral Committee pursuant to Section 25 subsection (4) ofthe Federal Elections Act under the procedure for rectifying faults, theConstituency Electoral Committee must decide immediately on the directiveissued by the Constituency Returning Officer. The spokesperson for theconstituency nomination in question must be given the opportunity to speak.
Section 40
Preliminary Examination of LandLists by the Land Returning Officer
[…]
(3) If an appeal is lodged withthe Land Electoral Committee pursuant to Section 27 subsection (5) of theFederal Elections Act in conjunction with Section 25 subsection (4) of theFederal Elections Act under the procedure for rectifying faults, Section 35subsection (3) shall apply as appropriate.
