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Elections Appeals Court


Formation of the Court

In accordance with the provisions of the law, the Election Cases Court shall be declared by virtue of a presidential decree. The Court shall be comprised of a chief justice and eight judges upon the recommendation of the Supreme Judicial Council.

Convening of the Court

The Court shall be duly convened of a president and at least two judges. The Court may be duly convened in crucial cases with its full jury according to what the court president decides.

Court seats

1. Jerusalem, the capital of the state of Palestine, shall be the permanent official seat of the Elections Cases Court and the Court shall have two seats in Ramallah and Gaza.
2. The Court shall have two offices (in Gaza and the West Bank) for case registration and receipt of reviews.
3. The Court’s president may decide to have the Court convened in a place other than one of its official seats in order to make it easy for the litigants. Alternatively, the president may find it necessary to have the Court convened in the locale where the actual events occurred.

Trial procedures

The trial may not be adjourned unless required by necessity to maintain the right of
defense. Such an adjournment may not exceed twenty four hours.

Court jurisdiction

  1. The Court shall have the competence of hearing appeals filed for cancellation or amendment of the decisions passed by the Central Elections Commission, or appeals which may be challenged according to this law before the Elections Cases Court.
  2. The Court jurisdiction shall not cover the electoral crimes stipulated by this law which fall under the jurisdiction of the normal judiciary.

Schedule of appeals filing and adjudication thereof

  1. Unless otherwise stipulated by the law, an appeal shall be submitted to the Court within two days of notification of the appealed decision. The Court shall not hear any appeal or challenge filed after the aforementioned period.
  2. The Court shall settle the challenges submitted thereto within a maximum period of five days from the date of submitting the challenges.
  3. Challenges may be submitted to the Court directly or through the Central Elections Bureau or the CEC district offices.

Represenation before the Court 

  1. The Court shall not accept any statement of appeal or challenge unless signed by a practicing lawyer.
  2. The Central Elections Commission shall be represented before the Court by one of its legal councilors, or any other practicing lawyer chosen by the Commission.

  
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