Procedure for examining electoral disputes

Abstract

The analysis of the concept of electoral rights protection reveals the fundamental importance of electoral dispute resolution mechanisms, as they constitute an essential instrument of the legal guarantee of the right to vote. Electoral disputes arise when electoral rights are violated, requiring the intervention of competent authorities to restore them, with the aim of effectively ensuring citizens’ right to vote and to be elected. This article examines the normative framework and procedural mechanisms for resolving electoral disputes in the Republic of Moldova. It analyzes the two forms of complaint review: the administrative procedure, conducted by hierarchically superior electoral bodies, and the judicial procedure, which provides constitutional protection and access to competent courts. The study highlights the competencies of the institutional actors involved, the legal deadlines, as well as the admissibility conditions of the complaints. At the same time, the complementary nature of the two procedures is emphasized, along with the importance of a clear, coherent, and effective regulation to ensure the full protection of electoral rights.