Who may file a complaint?

Name:  Constitutional Court. Act.38

Enactment: 20th January1993, as amended up to 2004.

Quote:

“

? 18

(1) The ConstitutionalCourt shall commence proceedings upon a motion submitted by: a) not less thanone fifth of all members of the National Council of the Slovak Republic,

b) The President of theSlovak Republic, c) the Government of the Slovak Republic, d) any court inconnection with its decision-making, e) the Attorney-General of the SlovakRepublic …”

“? 59

(1) Complaints allegingunconstitutionality or illegality of elections to the

National Council of theSlovak Republic, to the European Parliament or to organs of

local administration, oragainst the results of such elections, may be submitted, apart

from by the personsentitled by ? 18 Clause 1 Subsection a) to e), also by a political

party taking part in theelections, 10 % of the entitled voters of an electoral district, or

a candidate who gained atleast 10 % of votes in the electoral district.

(2) A complaint against theresult of elections to the National Council of the

Slovak Republic, to theEuropean Parliament or to an organ of local administration may be submittedalso by a rival candidate who has gained at least 10 % of votes. A complaintmay also be submitted by at least 10 % of voters in the relevant electoral district;the signatures by addresses of these citizens must be attached to thecomplaint. “

“? 61

In addition to thepetitioner, the parties shall be also those political parties and politicalmovements which have gained representation through elections in the NationalCouncil of the Slovak Republic, to the European Parliament or in local self-government bodies. The complainant and candidate against whom the complaint isdirected shall be the only parties in proceedings on a candidate’s complaint (?59 (1).”

Link: http://www.concourt.sk/en/Act_38_1993/a_38_1993.pdf

• one fifth of all members of the National Council of the Slovak Republic
• President of the Slovak Republic
• any court in connection with its decision-making
• Attorney-General of the Slovak Republic
• 10 % of the entitled voters of an electoral district
• candidate who gained at least 10 % of votes in the electoral district
• a rival candidate who has gained at least 10 % of votes
• political parties andpolitical movements which have gained representation through elections in theNational Council of the Slovak Republic, to the European Parliament or in localself- government bodies