The National Election Committee, acting within its competence as laid down in Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

on providing information about legal remedies in connection with the resolutions of election committees:

According to Section 57 (5) of the Constitution, in the Republic of Hungary, everyone can seek legal remedy against a judicial, administrative, or other official decision that violates their rights or legitimate interests, as defined by law. The right to legal remedy may be limited by a law passed by a two-thirds vote of the Members of Parliament present, in proportion to the need for a reasonable timeframe for legal disputes.

Section 3 of the Ve. mandates that participants in the electoral procedure must give effect to the following fundamental principles when applying the rules of the electoral procedure:

a)safeguarding the integrity of the election, preventing electoral fraud,

b)voluntary participation in nomination, election campaigns, and voting,

c)equal opportunities for candidates and nominating organizations,

d)good faith and proper exercise of rights,

e)the possibility of legal remedy and its impartial adjudication,

f)the quick and reliable determination of the election results.

According to Section 4 (3) of the Ve., the deadlines specified in this Act are a loss of rights; they expire at 4 p.m. on the last day of the deadline, unless the law provides otherwise.

Based on the first sentence of Section 81 (2) of the Ve., an appeal must be dismissed without a substantive review if it is submitted late, not submitted to the election committee specified in Section 80 (1), or does not contain the information specified in Section 80 (4)a)andb).

Sections 80 (1)-(4) provide as follows:

"80. § (1) An appeal must be submitted to the election committee that made the contested decision (in the case of an appeal against a decision of a ballot counting committee, to the election committee competent to adjudicate it).

(2) The appeal must be submitted in such a way that it arrives at the election committee referred to in paragraph (1) no later than 2 days after the contested decision was made.

(3) An appeal against a decision of an election committee regarding the approval of the ballot paper content must be submitted in such a way that it arrives no later than the day following the election committee's decision. The election committee adjudicating the appeal shall make a decision no later than the day following the referral of the appeal.

(4) The appeal must contain

a)the grounds for the appeal as per Section 79 (2),

b)the name, address (headquarters) of the appellant and - if different from the address (headquarters) - their postal notification address,

c)the appellant's choice of fax number or email address, or the name and fax number or email address of their delivery agent."

According to Section 79 (2), an appeal may be submitted [a)] on the grounds of a violation of the law, or [b)] against a decision made by the election committee within its scope of discretion.

Section 84 (1) of the Ve. prescribes that legal representation by a lawyer is mandatory in a judicial review procedure. A person with a legal professional examination may act on their own behalf without legal representation.

Based on Section 84 (4), a request for judicial review must be dismissed without a substantive review if it is submitted late, not submitted to the election committee specified in Section 83 (1), or does not contain the information specified in Section 83 (4)a)andb).

Sections 83 (1)-(4) provide as follows:

"83. § (1) A request for judicial review must be submitted to the election committee that made the contested decision.

(2) A request for judicial review must be submitted in such a way that it arrives at the election committee referred to in paragraph (1) no later than 2 days after the contested decision was made.

(3) A request for judicial review against a decision of an election committee regarding the approval of the ballot paper content must be submitted in such a way that it arrives no later than the day following the election committee's decision. The court adjudicating the request for judicial review shall make a decision no later than the day following the referral of the request for judicial review.

(4) A request for judicial review must contain

a)the legal basis for the request as per Section 82 (2),

b)the name, address (headquarters) of the applicant and - if different from the address (headquarters) - their postal notification address,

c)the applicant's choice of fax number or email address, or the name and fax number or email address of their delivery agent."

According to Section 82 (2), a request for judicial review may be submitted [a)] on the grounds of a violation of the law, or [b)] against a decision made by the election committee within its scope of discretion.

The National Election Committee establishes that in order to simultaneously and equally give effect to the fundamental principles set out in Section 3 of the Ve., it is desirable that the information provided by the election committees regarding legal remedies should cover at least the following:

a)in the case of resolutions against which an appeal can be filed, the most literal possible presentation of the second clause of Section 4 (3), Section 79 (2), Section 80 (1) and (4), and - depending on the content of the resolution - the first sentence of Section 80 (2) or (3);

b)in the case of resolutions against which a request for judicial review can be filed, the most literal possible presentation of the second clause of Section 4 (3), Section 82 (2), Section 83 (1) and (4), and - depending on the content of the resolution - the first sentence of Section 83 (2) or (3), and Section 84 (1).

The election committee acting in a specific case may, in its discretion, provide the applicant with additional information beyond the above as part of the information on legal remedies, in order to give effect to the fundamental principles and ensure quick and efficient administration.

Dr. Lajos Ficzere
President of the National Election Committee
elnöke

* Text established by the 5/2010. OVB resolution