2. Regarding municipal affairs, Article No. (29) of Decree-Law No. (3) of 2002
on the System for Electing Members of Municipal Councils and its
amendments bear the same substance as the previous provision on
challenging elections in the Council of Representatives.
3. Pursuant to the jurisdiction of the Court of Cassation over elections, this
2Court has adopted during the past years, from 2002 to 2018, a set of
relevant principles to serve as a guide to resort to and be guided by in every
new electoral process.
4. The Court of Cassation has stated in several of its successive rulings
regarding the integrity and validity of the elections that, “Integrity of the
electoral process is the basis, which means that the elections cannot be
annulled unless it is proven with certainty that the electoral process is
invalid in a way that affects its results.”
5. This is one of the basic principles and foundations of the Court of Cassation,
as it had made repeated references to it on more than one occasion,
starting with its judgment passed on Appeal No. (2) against the municipal
elections of 2002 in the session dated 10 June 2002; Appeal No. (13) and
No. (102) against the parliamentary elections of 2011 in the session dated
3 October 2011; Appeal No. (104) challenging the parliamentary elections
of 2011 in the October 10, 2011 session; Appeal No. (104) against the
municipal elections in the session dated 21 December 2014; and Appeal
No. (2) against the parliamentary elections in the session dated 20
December 2018.
6. Emphasizing the integrity of the electoral process, the Court of Cassation
clarified in its ruling passed on Appeal No. (115) against the parliamentary
elections of 2014, in the session dated 27 November 2014, that, “The
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