If appeal is possible, what is the competent body to hear the appeal?

Venice Commission and OSCE/ODIHR JointOpinion on the Electoral Code of “The Former Yugoslav Republic of Macedonia”Opinion No. 700/2012 Warsaw, Strasbourg, 18 June 2013

http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD%282013%29020-e

31. A new Article 177(a) establishesnew sanctions, in addition to any misdemeanour liability, for infringement ofprovisions related to limitations on campaign expenditures and submission ofcampaign finance reports. An infringement can result in the suspension or, fullor partial loss, of reimbursement for campaign expenses as provided by thestate. The decision to impose this penalty rests with the SEC upon a proposalof the State Audit Office. The aggrieved party may file an administrative dispute against theSEC decision. This is a positive step in improving the compliance with campaignfinance laws. Imposing a financial sanction for an infringement of campaignfinance laws is logical and the proposed Article includes language that makesthe sanction imposed proportional to the infringement committed.

OSCE Unofficial Translation of the ElectoralCode of the Former Yugoslav Republic of Macedonia as of 13 November 2012,published in the Official Gazette 40/2006 Amendments published in the OfficialGazette 136/2008, 44/2011 and 51/2011Corrigenda published in the OfficialGazette 148/2008, 155/2008, 163/2008 and 142/2012(Consolidated version) http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF%282013%29013-e

Article 177-a

[…]

(6)  The decision for partial or complete lossof compensation of expenses for the election campaign from paragraphs (2) and(3) of this Article and the decision for suspension of payment from paragraph(4) of this Article shall be taken by the State Election Commission upon a proposalby the State Audit Office.

(7)  The decision from paragraph (6) of thisArticle is final, but anadministrative dispute may be initiated against it.

(8)  The decision of the Minister of Justiceas of paragraph (7) of this Article shall be 
publishedin the “Official Gazette of the Republic of Macedonia”.

Source: Amendments to the Law on AdministrativeDispute Macedonia, Official Gazette of the Republic of Macedonia No. 150 of 18November 2010

http://www.pravo.org.mk/documentDetail.php?id=670

Law on Administrative Dispute Macedonia 2006  Official Gazette of the Republic of MacedoniaNo. 62 of 22 May 2006

http://www.pravda.gov.mk/dui/pdf/Law_Administrative_Disputes.pdf

Article4. Article 4 changes to: “The administrative disputes in Republic ofMacedonia shall be decided by: 

- The Administrative Court as the first-instancecourt;

- The Supreme Administrative Court as asecond-instance court, and

- The Supreme Court of the Republic of Macedonia,which decides upon extraordinary legal remedies determined by this law”

Article5. Decisions of the courts shall bebinding and enforceable.

The Electoral Code does not adequatelydescribe the complaint process for campaign-related disputes. According to theElectoral Code, such complaints should be submitted to the Basic Courts.However, the only provision which gives candidates the right to file acomplaint is narrowed to those situations where a contestant is “violating anddisturbing the opponents’ campaign,” hence limiting the right to complain aboutany other type of campaign-related infringements. (Venice Commission and OSCE/ODIHR Joint Opinion onthe Electoral Code of “The Former Yugoslav Republic of Macedonia” Opinion No.700/2012 Warsaw, Strasbourg, 18 June 2013

http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD%282013%29020-e)

Since the role of the Basic Court isnot clear, we followed the administrative dispute procedure to account forappeals regarding campaign financing.