Number of levels of adjudication

Czechia

Czechia

Answer
1
Source

Article 87 (1) Amotion to declare the election of a candidate void may be presented by anyvoter included in the list of voters of the election district in which such acandidate has been elected and by any political party, movement or coalitionwhose candidate list for the elections to the Chamber of Deputies has been dulyregistered in election region (hereinafter only the “plaintiff”) at a competentcourt of justice in compliance with special legal regulations14)[refers to Article 90] Such a motion must be presented no later than 10 days after the election resultshave been announced by the State Election Commission.

 

(2) A motion to declare the voting, the electionsor the election of a candidate void may be presented by any voter included inthe permanent list of voters of the election district in which such a candidatehas been elected and by any political party, movement or coalition or anyindependent candidate whose registration application for the elections to theSenate has been duly registered in election district (hereinafter only the“plaintiff”) at a competent court of justice in compliance with special legalregulations14). Such a motion must be presented no later than 10days after the election results have been announced by the State ElectionCommission.

(3) A motion to declare the voting void may be presentedif the plaintiff is convinced that this act of law has been breached in a wayaffecting the result of such voting.

(4) A motion to declare the elections void may bepresented if the plaintiff is convinced that this act of law has been breachedin a way affecting the result of such elections.

(5) A motion to declare the election of a candidatevoid may be presented if the plaintiff is convinced that this act of law hasbeen breached in a way affecting the election of such a candidate.

 

Article 88 […](2) The proceedings specified in Article 87 shall be carried out by the SupremeAdministrative Court.

 

Article 90. […]Article 200n

(1) Any appeal against the issue of an electioncertificate34d) to any Senator or Deputy shall be resolved by acompetent court of justice withoutproceedings within ten days.

(2) The parties concerned are the subjectpresenting such appeal, the member of the Senate or the Chamber of Deputieswhose election is being challenged and the relevant election body.

(3) The court’s resolution cannot be challenged.

34d) Act No. 247/1995 Coll. on elections to theParliament of the Czech Republic and on change and amendment of other selectedacts of law.”.

 

 

Act of Law No. 247/1995 Coll. of September 27th,1995, on elections to the Parliament of the Czech Republic and on change andamendment of other selected acts of law, amendmended by 212/1996 Coll.,243/1999 Coll., 204/2000 Coll., 64/2001 Coll., 491/2001 Coll., 204/2000 Coll. (part), 37/2002 Coll., 171/2002 Coll., 230/2002 Coll. (part), 230/2002Coll., 62/2003 Coll., 418/2004 Coll., 323/2006 Coll., 480/2006 Coll

http://www.psp.cz/cgi-bin/eng/docs/laws/1995/247.html
Close tooltip