First instance body dealing with electoral disputes
Greece
Constitution
Article 58
The hearing ofobjections raised against the validity of parliamentary elections and theirverification concerning either electoral violations related to the conduct of theelections, or the lack of legal qualifications, is assigned to the SupremeSpecial Court of article 100.
Article 100
1. A Special Highest Court shall beestablished, the jurisdiction of which shall comprise:
a) The trial of objections in accordance with article 58.
b) Verification of the validity and returns of a referendum held in accordancewith article 44 paragraph 2.
c) Judgment in cases involving the incompatibility or the forfeiture of officeby a Member of Parliament, in accordance with article 55 paragraph 2 andarticle 57.
d) Settlement of any conflict between the courts and the administrativeauthorities, or between the Supreme Administrative Court and the ordinaryadministrative courts on one hand and the civil and criminal courts on the other,or between the Court of Auditors and any other court.
e) Settlement of controversies on whether the content of a statute enacted byParliament is contrary to the Constitution, or on the interpretation ofprovisions of such statute when conflicting judgments have been pronounced bythe Supreme Administrative Court, the Supreme Civil and Criminal Court or theCourt of Auditors.
f) The settlement of controversies related to the designation of rules ofinternational law as generally acknowledged in accordance with article 28paragraph 1.
2. The Court specified in paragraph 1 shall be composed of the President of theSupreme Administrative Court, the President of the Supreme Civil and CriminalCourt and the President of the Court of Auditors, four Councilors of theSupreme Administrative Court and four members of the Supreme Civil and CriminalCourt chosen by lot for a two-year term. The Court shall be presided over bythe President of the Supreme Administrative Court or the President of theSupreme Civil and Criminal Court, according to seniority.
In the cases specified under sections (d) and (e) of the preceding paragraph,the composition of the Court shall be expanded to include two law professors ofthe law schools of the country's universities, chosen by lot.
3. The organization and functioning of the Court, the appointment, replacementof and assistance to its members, as well as the procedure to be followed shallbe determined by special statute.
The judgments of this Court shall beirrevocable.
Also check Law onelection of members of Parliament (No. 3231/2004), Presidential decree No96/2007, amended by law No. 3636/2008. Article 85 and 98.
http://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/PD%2026-2012.pdf
Greece legislation states that there is only oneinstance, the Special Supreme Court (in the case of elections, it might be referredto in some documents as the Special Supreme Electoral Court, yet as it also hasjurisprudence in other issues, the referral name is “Special Supreme Court”),as specified in the articles 58 and 100 of the Constitution. It is theresponsible to handle challenges to the electoral results. The Special SupremeCourt is not a permanent body, and only gathers when cases fall within itsjurisdiction. Its procedure is determined by the Law 345/1976.
It is important to note, however, that there is anexception, not contemplated in the law but exercised in practice: Article 98 ofthe Electoral law states the responsibility of the counting authority to verifyresults of elections, which has been accepted as sufficient legislation toaccept recounts, but there is no article referring to such obligation on theelectoral law. Therefore, there is a defacto possibility to ask for a recount before referring to the SpecialSupreme Court. Yet, it is important to note that it is only de facto but not reflected in thelegislation. It can create confusion, but Greek legislation is clear statingthat ONLY the Special Supreme Courtcan solve electoral disputes and that its decisions are irrevocable. Thus, theSpecial Supreme Court is the first and last instance.
Please note that the fact that the judgements of the Special SupremeCourt are irrevocable does not comply with the paragraph 5.10 of the 1990 OSCECopenhagen Document stating that “everyone will have an effective means ofredress against administrative decisions, so as to guarantee respect forfundamental rights and ensure legal integrity”. http://www.osce.org/odihr/elections/14304?download=true