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 candidateregistration, campaigning and the use of the media. It is required by law torespond within a tight deadline. Exceptions to the role of the Electoral Boardas the first instance complaint body include complaints regarding voterregistration, which are made to local councils, complaints on election day,which are made to the polling station, and complaints about the results thatare made directly to the courts. Decisions of the Electoral Board and the localcouncils can be appealed to the Administrative Chamber of the High Court ofJustice. Should any aspects of the complaint relate to fundamental rights andfreedoms, the decision of the High Court of Justice can be further appealed tothe 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,