What remedies are available in the last instance?
Montenegro
Answer
- Annulment of results / Cancellation of elections
- Partial annulment of results / Partial cancellation of elections
Source
Name: Law on Constitutional Court
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
The Constitutional Court Law does not make it clear if the proceedings that regulate the election of representative and councilors also apply to presidential election. Also, the articles under the title that regulates presidential election proceedings do not display much information in relation to the remedies as it does in the previous articles referring to election of representative and councilor. Nevertheless we have treated them as regulating proceedings for presidential elections as well, given the general rule of Art.9 of Presidential Law that the complaint process follows the processes regulated by the Law on election of representative and councilors.
