8/2006. resolution number
8/2006. (III. 28.) OVB resolution on an open time limit for the submission of the objection*
The National Election Committee, acting within its competence as laid down in Section 90/A (4) a) of Act C of 1997 (hereinafter: Ve.), issues the following resolution on the calculation of the deadline for submitting a complaint in the case of a continuous offense.
According to Section 77 (1) of the Ve., a complaint must be submitted in such a way that it arrives no later than 2 days from the commission of the alleged violation.
The National Election Committee finds that the correct interpretation of this legal provision in the case of continuously existing (state-like) activities is as follows:
- the complaint can be submitted during the entire period of the commission (existence) of the alleged and unlawful activity,
- the beginning of the legal remedy period is not the starting date of the alleged and unlawful activity, but the last point in time when the alleged state of affairs still exists.
The National Election Committee therefore finds that in the case of continuous activities, a legal remedy can be submitted during the entire period of the existence of the alleged unlawful activity, and within a 2-day deadline following the cessation of this continuous activity - i.e., the end of the alleged activity.
Dr. Péter Szigeti
President of the National Election Committee
elnöke
* Its text was established by Resolution 5/2010. OVB
