Number of levels of adjudication

Constitutional Court Act 1953 of the Republic ofAustria  (VfGG 1953 last amended BGBl. I Nr. 51/2012 (NR: GPXXIV RV 1618 AB 1771 S. 155. BR: 8730 AB 8731 S. 809.)

Article ? 67. (1) Results of elections of the Federal President, elections tothe general representative bodies, the European Parliament, a constituent organof a statutory association of professions (representative body), employers oremployees or an executive organ of a municipality (hereinafter named municipalexecutive) may be challenged on the grounds of any alleged unlawfulness of theelection procedure. The challenge shall contain the request to nullify theelection proceeding or part of it, and specify the reasons for the request.

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(3) If the challenge of theelection is based on the unlawfulness of a ruling and a suspension of theenforcement of the ruling contested does not give reason for a substantialdisadvantage, the Constitutional Court may, upon request, decide that thechallenge has suspensive effect. If the Constitutional Court is not in session,the president shall decide upon a motion of the reporter.

? 68. (1) The challenge of the election must be filed within four weeks aftertermination of the election proceeding, if however the respectiveelectoral law provides for appeals, within four weeks after service of the rulingissued in the last stage of appeal. If such ruling makes reference to documentssubmitted as evidence, counterparts, copies or photocopies of such documentsshall be en- closed with the challenge of the election.

(2) The ConstitutionalCourt shall send one copy of the challenge filed to the supreme electoralauthority in charge in accordance with the electoral regulation applicable,with the order to submit the electoral files within a given time. Thiselectoral authority is free to submit a reply at the latest when submitting theelectoral files.

? 69. (1) In addition to the challenging party, all groups of voters (partiesrunning in the election) shall be summoned to participate in the public oralhearing before the Constitutional Court which have been applicants for thechallenged election, or other parties entitled to challenge the election on thebasis of the respective electoral regulation. The electoral authoritynamed in ? 68 para 2 may delegate a representative at its discretion.

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http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1953_85/ERV_1953_85.pdf