First instance body dealing with electoral disputes
Montenegro
- EMB (lower level)
- EMB (highest level)
Name:Law on Election of Councillors and Representatives
Enactment: as of 2011
Quote:
Article 46
1. The list of candidates for the election of councilors shall be submitted to the MEC, and the list for the election of representatives shall be submitted to the REC, as early as 20 (twenty) days from the day of calling for the election, and not later than 25 (twenty five) days prior to the polling day.
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Article 47
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4. If the competent election commission establishes that the faults in the list of candidates have either not been eliminated or have not been eliminated within the prescribed period, it shall render a decision on refusing to proclaim such list of candidates within the next 24 hours.
Article 107
1. Every elector, candidate and submitter of the list of candidates shall have the right to lodge a complaint to the competent election commission for reasons of infringement of the electoral rights during the election. 2. The complaint referred to in paragraph 1 of this Article shall be lodged within the 72 (seventy two) hours of the hour of rendering the decision or performing an action.
3. The complaint referred to in paragraph 1 of this Article shall be lodged to the competent election commission directly.
Article 108
1. A complaint against a decision, act or omission of the Polling Board shall be lodged to the MEC. 2. A complaint against a decision, act or omission of the MEC shall be lodged to the REC.
Article 110
1. A complaint against the decision of the competent election commission on rejecting or refusing the complaint may be lodged to the REC.
(…)"
Given art. 46 and 47 provides for decision on candidate lists to the MEC and the REC we have applied the complaint mechanisms provided by the Law on election of representatives and councilors for matters on protection of suffrage. Candidates could claim violation of electoral rights and such violation is regulated by art. 107 (1. Every elector, candidate and submitter of the list of candidates shall have the right to lodge a complaint to the competent election commission for reasons of infringement of the electoral rights during the election.) We consider that the art.46 is sufficient to argue that the formation of candidate lists is within the “election” period mentioned in art.107, 1 of same law. Therefore we assume the complaint mechanism provided for article 107 to 110 applies for this case as well.
