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/A a) and Section 143/A (4) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), issues the following

resolution

on the scope of persons entitled to file an objection.

Ve. Sections 79 (1) and 82 (1) establish a relatively narrow scope of persons entitled to file an appeal or a request for judicial review, granting the right of legal remedy only to voters, candidates, nominating organizations, and legal entities concerned in the case.

However, during the electoral procedure, there is a particularly important public interest in ensuring that the laws governing the election, and the fundamental principles of the election and the electoral procedure are enforced as widely as possible, that any potential illegalities are brought to light, and that the lawful order of the elections can be restored within the framework of the appropriate legal remedy procedure. This interest takes precedence over practical considerations related to limiting the scope of persons entitled to file an objection.

In accordance with the above, Ve. Section 77 (1) provides the possibility of filing an objection to a wider range of persons - "anyone" - which is one of the guarantees for the unhindered enforcement of legal remedies aimed at uncovering potential illegalities. According to this provision, even natural persons without voting rights or associations without legal personality are entitled to file an objection.

In the case of a violation of the law that comes to light after an objection has been filed, there is no longer a reason to extend the scope of entitled persons, as is the case when filing an objection, since the decision of the election committee that adjudicates the objection (which can also act ex officio) is public, and the persons entitled under Sections 79 and 82 can "take over" the exercise of the right to legal remedy against this decision.

Therefore, according to the above, anyone can file an objection, but only those with voting rights, candidates, nominating organizations, and legal entities concerned in the case can file an appeal or a request for judicial review.


Budapest, 23 February 2006.

Dr. Péter Szigeti
President of the National Election Committee