What remedies are available in the first instance?

Slovakia

Slovakia

Answer
  • Annulment of results / Cancellation of elections
  • Correction of the results
Source

Name: Elections to theNational Council. Act 333

Enactment: 13 May 2004 withamendments up to 1st July 2011

Quote:

“Section 46- Newelections

If the Constitutional Courtof the Slovak Republic declares the elections to be invalid, or if it annulsthe election result, then the Chairperson of the National Council of the SlovakRepublic shall declare new elections to the National Council of the SlovakRepublic. New elections shall be declared not later than thirty days after sucha ruling of the Constitutional Court has been published in the Collection ofLaws of the Slovak Republic.”

Link: http://www.infovolby.sk/data/_media/Zakon%20o%20volbach%20do%20NR%20SR.pdf

Name:  Constitutional Court. Act.38

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

Quote:

'.

? 63

(1) The ConstitutionalCourt may

a) declare the elections invalid,

b) quash the challenged election returns,

c) cancel the decision of the election committee and declare elected theperson who was elected in the proper manner,

d) reject the complaint.

(2) In cases quoted in theClause 1 Subsections a) to c) above, the Constitutional Court shall decide bythe instrument of finding.

(3) The Finding declaringthat the election are null and void shall be delivered without delay togetherwith a reasoning to the National Council of the Slovak Republic and to theMinistry of the Interior of the Slovak Republic.

(4) The ConstitutionalCourt shall communicate the decision under Clause 1

Subsection b) and c) aboveto National Council of the Slovak Republic or to appropriate localself-government body, to political parties and political movements as well asto the member of the organ specified in ? 61.

(5) A ruling on rejectionof the complaint shall be communicated only to the complainant. '

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

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