Maximum adjudication time for the full EDR process (days)

Montenegro

Montenegro

Answer
Not specified
Source

 

Name:Law on Election ofCouncillors and Representatives

Enactment: as of 2011

Quote:

Article 109

The competent electioncommission shall render a decision within the 24 (twenty four hours) of thehour of receipt of thecomplaint and shall deliver it to the submitter of the complaint. 2. If thecompetent election commission finds the complaint justified, it shall annul thedecision or the act. 3. Ifthe competent election commission fails to render a decision upon the complaintwithin the deadlines set down by this Law, the complaint shall be deemedjustified.

 

Article 110

 A complaint against the decisionof the competent election commission on rejecting or refusing the complaint maybe lodged to the REC. 2. An appeal against the decision of the REC on rejectingor refusing the complaint may be lodged to the Constitutional Court.

 

 

Link: http://?legislationline.?org/?download/?action/?download/?id/?4191/?file/?Montenegro_?Law_?on_?elections_?of_?councillors_?and_?representatives_?1998_?am2011_?en.?pdf

 

 

 

Name:Law on ConstittutionalCourt

Enactment: 27 October 2008

Quote:

Article 76

(?)

The appeal from paragraph 1of this Article shall be submitted within the 24 hours from the hour ofdelivering of the decision.

Article 79

The Constitutional Courtshall decide upon the appeal from the Article 78 of this Law within thedeadline of 48 hours from the hour of receiptof the appeal. day of delivering of the decision of the Constitutional Court tothe body in charge.

Link: http://legislationline.org/download/action/download/id/4190/file/Montenegro_Law%20on%20Constitutional%20Court,%202008_en.pdf
Comment

As it was mentioned already, we lack further details regarding how many days can pass to complain for the same proceeding in the next level EMB. A complaint against the decision of the competent election commission on rejecting or refusing the complaint may be lodged to the REC. The law also makes clear that a complain has to be lodged within 72 hours to the competent commission (art.107) therefore we are assuming that the complain described in art.110 might take 72 hours to be lodged in REC. 

The last instance (Const. Court) delivers the decision within 2 days. However, it is not defined in the law how many days it takes for REC to make a decision.

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