What remedies are available in the last instance?
Montenegro
Answer
- Annulment of results
- Partial annulment of results
Source
Name:Law on ConstittutionalCourt
Enactment: 27 October 2008
Quote:
“Article 80
If the irregularity in electoral process has been established and it hashad a significant influence upon the electoral result, by the decision, the Constitutional Court shall annulthe entire electoral proceedings or parts of these proceedings that have to beclearly indicated.
Comment
PresidentialElections: The Constitutional Court Law is rather not that clear if theproceedings that regulate the election of representative and councillors alsoapply to President election. This is so because in the title that organizes thearticles in relationship to appeals for the protection of suffrage, there is atitle for proceedings for the electionof representative and councilors and one for one of president. However, thearticles under the title that regulates president election proceedings do notdisplay much information in relation to the remedies as it does the previousarticles referring to election of representative and councilor. Nevertheless Ihave treated them as regulating proceedings for presidential elections as well,given the general rule of Art.9 of Presidential Law that the complain processfollows the processes regulated by the Law on election of representative andcouncilors
