Requirement to hold a hearing in the last instance
Hungary
Name: Act XXXVI of 2013 onElectoral Procedure
Enactment: 1st September 2013
Quote:
100 Adjudication ofappeals, requests for judicial review and constitutional complaints related toelection
Section 228
(1)Appeals shall be adjudged by the election commission with competence inadjudging them within three days from receipt.
Section 231
(1)Appeals and requests for judicial review shall be rejected without substantiveexamination if:
a)they were not submitted by a person listed in Section 221 (1) or 222 (1);
b)they were submitted late;
c)they were not submitted to the election commission specified in Section 224(1); or
d)they do not contain the items specified in Section 224 (3).
(2)Requests for judicial review submitted by violating the provisions of Section224 (5) shall also be rejected without substantive examination.
(3)An appeal shall not be rejected if a party entitled to submit an appealsubmitted it to the election commission within the specified deadline, and arequest for judicial review shall not be rejected if a party entitled to submita request for judicial review submitted it to the court with competence in thematter within the specified deadline. In such cases, the election officeoperating alongside the election commission with competence in the matter orthe court shall make arrangements to acquire the necessary documents withoutdelay.
(4) Based on the appeal, theelection commission entitled to adjudge it shall examine the resolution foundinjurious and the procedure preceding it.
(5)The election commission or the court shall make one of two decisions regardingthe challenged resolution:
a)uphold it; or
b)alter it.
