Cuadernos de Derecho Electoral

Cuadernos de Derecho Electoral, N° 2

Cuadernos de Derecho Electoral — Tue, 31 Dec 2024 00:00:00 +0000

Prologue of Cuadernos de Derecho Electoral, N° 2

Electoral Training, a Three-Dimensional Approach: Strengthening Embs, Enhancing the Quality of Electoral Processes, and Combating Disinformation

Paola Costabella, Alejandro Tullio — Tue, 31 Dec 2024 00:00:00 +0000

The document addresses electoral training as a crucial element for strengthening democracy, focusing on three main dimensions: the strengthening of Electoral Management Bodies (EMBs), the improvement of the quality of electoral processes, and the fight against disinformation.

The importance of a holistic approach to training is highlighted, which goes beyond technical training and encompasses ethical aspects, communication skills, and critical thinking. The text emphasizes the need to adapt training to different groups, including electoral officials, political organizations, observers, security forces, media, and the general public.

Two methods for electoral training are presented: the case method and the future scenarios method. The former uses real or simulated situations to develop practical skills, while the latter focuses on preparing officials for potential future challenges.

The document also addresses the importance of training as a tool against disinformation, highlighting the need to develop media and digital literacy skills. Finally, recommendations are offered for implementing effective and adaptive training programs in the electoral context.

Consequences of the Legal Qualification of the Electoral Process in Argentina

José M. Pérez Corti — Tue, 31 Dec 2024 00:00:00 +0000

The legal qualification of the electoral process produces a series of immediate effects in different aspects that comprise it. And this allows us to critically review notions, categories and classifications emanating from it. Firstly, the clear differentiation between the administrative and jurisdictional functions in electoral matters and the identification of the effects that that qualification projects on these issues. As a result of this, the conceptual reformulation and the contents and categories that make up the electoral dispute. Finally, a practical approach to such reconceptualizations, applying them to the Argentine electoral process to evaluate its consequences, particularly regarding electoral competition and the litigation based on which it materializes.

The Protection of the Voter’s Genuine Will in the Ballot Preparation. The Lists of Voters in the Elections of the Province of Rio Negro in 2023

Verónica Belloso — Tue, 31 Dec 2024 00:00:00 +0000

The legal and jurisprudential protection of the voter’s genuine will expressed at the polls at the national and provincial levels is an essential principle of the representative system of government. In this framework, the preparation of the electoral offer of the political groups that decide to formulate agreements to nominate the same candidates and/or unite sections of different categories of different political parties and alliances to prepare a single ballot that is presented to the electorate puts the partisan interest in tension with the purpose of the law.

In this sense, the object of this work is to analyze the legal provision that authorizes the unions of ballots and collector lists in the province of Rio Negro, in order to reflect on the need to guarantee that the individual vote is cast without confusion, with discernment and freedom.

Electoral Accessibility: Active Suffrage with a Human Rights Perspective

Jimena de Allende — Tue, 31 Dec 2024 00:00:00 +0000

In 2023, the Argentine Republic commemorated forty uninterrupted years of democracy, however, it seems that some citizens still remain invisible or, worse still, visible, but insignificant, when it comes to adopting public policies and dispensing justice.

This work is an invitation to reflection and aims to challenge legal professionals so that, regardless of the role they occupy in society, they have tools to critically analyze reality and thus be able to transform it.

Highlighting the importance of the electoral right in a democratic society and considering diversity as an intrinsic characteristic of humanity, we will analyze, from the perspective of human rights, the importance of electoral accessibility in the right to active suffrage based on unrestricted respect for dignity of the people.

The need for lawyers to reflect on the implications of our actions is not something new. But being a lawyer is a privilege and an honor, therefore, I hope that the next pages humbly contribute to the men and women of law making a change, more than legal, from the heart.

Limiting the Right to Stand as a Measure to Prevent Election Disinformation through Social Networks. Analysis of the Francischini Case in Brazil

Jordi Barrat Esteve — Tue, 31 Dec 2024 00:00:00 +0000

The paper builds upon a decision from the electoral courts in Brazil that, as a measure to face electoral disinformation, recalled a local MP who, in 2018, criticised voting machines through social networks and during voting hours. Based on such case, the text discusses bad practices used by social networks during electoral campaigns and what measures to implement to mitigate their negative consequences.

Mexican Electoral Court of the Federal Judiciary. An institution that protects human rights

Felipe de la Mata Pizaña — Tue, 31 Dec 2024 00:00:00 +0000

This article analyzes the impact of Mexican Electoral Court of the Federal Judiciary (hereinafter Electoral Court) as a protector of political-electoral rights and promoter of substantive democracy. Since its creation, this Court has been a guarantor of human rights, evolving from a guarantee-approach to a principlism-approach, which has allowed it to maximize the protection of these rights and include vulnerable groups in the country's political participation. The content of this article is developed in five main axis: 1) the nature of political-electoral rights, 2) the historical and structural evolution of the Electoral Court, 3) its progressive jurisprudential lines, 4) the permanent electoral education that it has been providing and 5) the commitment of this institution with an open and transformative justice.

After going through the work of this Court and reviewing some of its most important decisions, it is concluded that this institution has been fundamental for the democratic stability through adapting its work to the social needs and guaranteeing equality and non-discrimination of vulnerable groups to move towards a substantive and inclusive democracy.

Regulating the Use of ICT in Elections: the Contribution of the Council of Europe

Ardita Driza Maurer — Tue, 31 Dec 2024 00:00:00 +0000

Information and communication technology (ICT) solutions are increasingly used to support most processes of the electoral cycle. Their regulation must ensure that constitutional principles, in particular those on free and democratic elections, are upheld. The Council of Europe is the only international organisation to have issued minimum legal standards on the regulation of e-voting and of other ICT used in elections. Standards guide national competent authorities when drafting national regulations.

"Lenguaje claro y discurso jurídico" by Leonardo Altamirano

José M. Pérez Corti — Tue, 31 Dec 2024 00:00:00 +0000

Recension of the bool "Lenguaje claro y discurso jurídico" by Leonardo Altamirano