4/2006. (II. 16.) OVB resolution on the deadlines of electoral procedure*

The National Election Committee, acting within its competence as laid down in Section 90/A (4)a), Section 99/K (5)a), Section 105/A (4)a), Section 124/A (3)a), Section 131/Aa), and Section 143/A (4) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

adja ki:

In the matter of complaints within the competence of the election committees, exceptionally short deadlines are available for both the submission and the adjudication of claims.

The reason for this is the outstanding public interest in the swift adjudication of legal grievances related to electoral procedures. Therefore, the enforcement of rights before the election committees is only possible in the case of contested acts that are suitable for the application of the requirement of swift adjudication.

In accordance with the fundamental principles of electoral procedure, the legislator clearly provides in Section 77 (1) of the Ve. when it states that "the complaint must be submitted in such a way that it arrives no later than 2 days from the commission of the alleged violation of law."

This means that:

- on the one hand, the time of becoming aware of the grievance is irrelevant when calculating the deadline for submitting the complaint, the starting point for the deadline for submitting the complaint is the time of the commission of the violation of law (objective deadline);

- on the other hand, the complaint must also arrive within 2 days (substantive law deadline) at the election committee with the competence and jurisdiction to adjudicate the complaint.

Based on the above, the National Election Committee points out that its competence does not extend to cases where the objective preconditions for the application of the provision do not exist for any reason - including the case where the person who suffered the legal grievance became aware of the violation of their rights after the objective deadline available for the enforcement of the claim.

The National Election Committee also draws attention to the fact that if there is no possibility of enforcing a claim before the election committees due to the specific rules of the electoral procedure, this does not exclude the possibility for the party whose rights have been violated to seek legal protection from other state bodies.

Dr. Péter Szigeti

President of the National Election Committee
elnöke

* Text established by the 5/2010. OVB resolution