PROCEDURE FOR APPEALING AGAINST DECISIONS (ACTIONS) OF ELECTORAL BODIES IN THE MIDDLE EAST: A COMPARATIVE LEGAL STUDY (EGYPT AND SYRIA)

Abstract

Elections are the most important socio-legal institution whose value lies in the observance of a number of democratic principles, and given that their organization and conduct are governed by several branches of law (constitutional, administrative, criminal, labor and even international), it is only natural that the issue on holding elections is of fundamental importance for legal science. Practice shows that the high level of complexity in the organization of elections can cause various errors, primarily on the part of the organizers; consequently, it leads to violation of voting rights and deprives persons with a certain professional competence, as well as meeting the requirements for candidates to exercise their rights as effectively as possible. In this case, the procedure for appealing against decisions taken by election commissions is of fundamental importance. The judicial authorities are, of course, the principal means of such appealing and, in the event of electoral errors, they must make the necessary adjustments to ensure that electoral rights are effectively protected. Purpose: to carry out a comparative legal study of the procedure for appealing against decisions and actions of electoral bodies in two countries of the Middle East – the Arab Republic of Egypt and the Syrian Arab Republic. Methods: comparative and deductive, as well as the method of analyzing legal documents governing the procedure for appealing against elections. Results: the study reveals a discrepancy between the norms establishing the rights of an electoral participant not only as a voter but also as a candidate. It may be noted that the procedure for appealing against decisions differs according to the mechanism chosen by the legislator and the degree of development of democratic principles in the country.