Requirement to issue reasoned decision

Constitutional Court Act 1953 of the Republic ofAustria  (VfGG 1953 last amended BGBl. I Nr.51/2012 (NR: GP XXIV RV 1618 AB1771 S. 155. BR: 8730 AB 8731 S. 809.)

Article ?67. (1) Results of elections ofthe Federal President, electionsto the general representative bodies, the European Parliament, aconstituent organ of a statutory association of professions (representativebody), employers or employees or an executive organ of a municipality(hereinafter named municipal executive) may be challenged on the grounds of anyalleged unlawfulness of the election procedure. The challenge shall contain therequest to nullify the election proceeding or part of it, and specify thereasons 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 filedwithin four weeks after termination of the election proceeding, if however therespective electoral law provides for appeals, within four weeks after serviceof the ruling issued in the last stage of appeal. If such ruling makesreference to documents submitted as evidence, counterparts, copies orphotocopies of such documents shall be en- closed with the challenge of theelection.

(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