Promoting and protecting human rights through Electoral Disputes Court Cover Image

Protejarea și promovarea drepturilor omului prin contencios electoral
Promoting and protecting human rights through Electoral Disputes Court

Author(s): Claudia Elena Marinică
Subject(s): Constitutional Law, Public Administration, Electoral systems
Published by: Institutul Român pentru Drepturile Omului
Keywords: electoral process; the right to elect and to be elected; electoral transparency; Electoral Disputes Court; procedural guarantees; electoral bureau; polling station; lists of voters;

Summary/Abstract: The good administration of the electoral process implies transparency, impartiality and independence from any political manipulation. The promotion and protection of human rights should be taken into account within this process, because in order to efficiently apply the provisions of electoral law there must be a guaranteed possibility of contesting the incapacity of observing the electoral law before a Court of justice. Even though the scholars and authors in the field argue that there are similarities between the Administrative Court and the Electoral Disputes Court, there are however, differences that are based mainly on the state body issuing the document subjected to verification as well as on the different areas of social life. The legal nature of the Electoral Disputes Court is an individual one, representing a constitutionally established legal institution, with a content of its own comprising legal rules that regulate the procedure of formulating and solving all the applications which signal violations of rules on the organization and on the conducting elections process at all levels: parliamentary elections, local elections as well as presidential elections.

  • Issue Year: 2011
  • Issue No: 3
  • Page Range: 21-35
  • Page Count: 15
  • Language: Romanian