What remedies are available in the last instance?

Armenia

Armenia

Answer
Declare the candidate or party ineligible or eligible
Source

MajoritarianComponent

Article 118. 2. The candidate for a deputy shallbe deemed registered or re-registered according to a court judgment ondeclaring as invalid the territorial electoral commission decision on denyingor declaring as invalid the registration of such electoral list or suchcandidate.

 

PR Component:

Article 112. 2. The electoral list of apolitical party or an alliance of political parties or a candidate includedtherein shall be deemed registered or re-registered according to a courtjudgment on declaring as invalid the Central Electoral Commission decision ondenying or declaring as invalid the registration of such electoral list or suchcandidate.

 

Electoral Code ofArmenia (2011)

Source: http://res.elections.am/images/doc/_ecode.pdf

 

Electoral Code of Armenia (2011)

Source: http://res.elections.am/images/doc/_ecode.pdf
Comment

Thelegislation allows for two levels of adjudication only for the EDR on registrationof candidates for the majoritarian component of elections. Thus the decision ofthe territorial commission on (declining) registration can be disputed first atCEC. The decision of the CEC can be further appealed in the AdministrativeCourt. Decision on party registration for the PR component of the parliamentaryelection and candidate registration for presidential elections can only bedisputed at one level: the Administrative Court

Thelegislation does not provide for any further instances of EDR on candidate/partylegislation after the Administrative Court. As Article 150.1 of theAdministrative Procedure Code states, the decision of the Administrative Courton election related disputes are final and are not subject to further appealsto the Court of Appeals, Court of Cassation, and Constitutional Court oranywhere else. Given that the Administrative Court is the only instance of EDRon party/presidential candidate registration I mention the court, and theprocedures of EDR to the court both as a first and as a last instance body.

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