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Maximum adjudication time for the full EDR process (days)

Bulgaria

Bulgaria

Answer
30 days
Source

Election Code Bulgaria 2011. State Gazette No. 9 of 28 of January, 2011http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2011)008-e

Article 265 [?]  (2) Within15 days after the decision declaring the election results is made public by theCentral Election Commission, the authorities referred to in Article 150 (1) ofthe Constitution of the Republic of Bulgaria may approach the ConstitutionalCourt with a reasoned petition to pronounce on the legitimacy of the electionof a President and Vice President of the Republic.

(3) Any such petition shall be examined under theterms and according to the procedure established by the Constitutional CourtAct and the Regulations on the Organization of the Activities of theConstitutional Court.

(4) The Constitutional Court shall examine thepetition and shall pronounce withinone month after the declaration of the election results. [?]

??The results of parliamentary elections can be challenged before the Constitutional Court by political parties, coalitions and candidates, including those running independently, but only through the?institutions stipulated in the Constitution. In addition, these institutions are not obliged to respond to such initiatives by submitting the complaint to the Constitutional Court. Furthermore, once the procedure is initiated, the Constitution does not provide a deadline for the Constitutional Court to pass the decision on the complaint. The OSCE/ODIHR and the Council of Europe?s Venice Commission Joint Opinion raised concerns about the limited right to appeal election results.? (p. 19,20) OSCE/ODIHR Election Observation Mission Final Report. Early Parliamentary Elections 12 May 2013, Republic of Bulgaria. Warsaw 25 July, 2013 http://www.osce.org/odihr/elections/103878
Comment

In Article 264 which concernsElections for National Representatives it is not clearly specified how longdoes it take for the Constitutional Court to make a decision on the filedcompliant regarding the legitimacy of the elections. However, Article 265 whichconcerns elections for President specifies that it takes a month for theConstitutional Court to examine the petition and pronounce the election resultslegitimate or not.


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