Repealed by Resolution 1/2007 (III. 19.) OVB

The National Election Committee, acting within its competence as laid down in Section 34 (2) a) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

regarding the right to legal remedy in the electoral procedure:

According to Section 8 (2) of the Constitution, in the Republic of Hungary, the rules concerning fundamental rights and duties are established by law, but they cannot restrict the essential content of a fundamental right.

Based on Section 57 (5) of the Constitution, in the Republic of Hungary, everyone may seek a legal remedy, as specified by law, against a court, administrative, or other official decision that violates their rights or legitimate interests. The right to a legal remedy may be restricted by a law adopted with the votes of two-thirds of the members of Parliament present, proportionally to ensure the adjudication of legal disputes within a reasonable time.

According to Ve. Section 3 e), when applying the rules of the electoral procedure, the participants involved in the election must, among other things, enforce the fundamental principle of the possibility of legal remedy and its impartial adjudication.

The detailed rules regarding the right to legal remedy within the electoral procedure are defined by Ve. Sections 77-85 and 99, Section 102 (2), and Sections 130 and 146.

Based on the referenced legal provisions, and taking into account the practice of the Constitutional Court - including Resolutions 51/1991 (X. 19.), 5/1992 (I. 30.), and 22/1995 (III. 31.) AB - the National Election Committee finds that the right to a legal remedy is a fundamental constitutional right even within the electoral procedure, which, although it can be restricted in the manner defined by the Constitution with explicit and unambiguous regulation, this restriction cannot affect the essential content of the fundamental right.

The restriction of the right to a legal remedy cannot extend to preventing the enforcement of the essential purpose and content of the fundamental right - which is the review of the challenged decision by a legal remedy body based on a request for a legal remedy, and, if necessary, the annulment, revocation, or modification of the decision.

Neither the Ve. nor any other electoral laws contain explicit provisions for restricting the right to a legal remedy. Consequently, the provisions of the Ve. cannot be interpreted or applied in a way that would restrict or prevent the enforcement of the fundamental purpose of the right to a legal remedy, which is guaranteed as a subjective right against decisions made within the electoral procedure.

Dr. Lajos Ficzere
President of the National Election Committee