What remedies are available in the last instance?

Name: Act XXXVI of 2013 onElectoral Procedure

Enactment:  1st September 2013

Quote:

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, the election commission entitled to adjudge it shallexamine the resolution found injurious 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.

Section 232

            (1)The resolution adopted in the appellate procedure shall be communicated by theelection commission that proceeded in the second instance to the appellant andthose to whom the resolution of the first instance had been communicated.

            (…)

            (3)The decision adopted in the course of the judicial review shall be communicatedby the court to the submitter of the request and those to whom the resolutionof second instance had been communicated.

            (4)Except for personal data, the court shall publish its decision.

            (5) No further legal remedy shallbe available with regard to court decisions.

            (6)The court shall send back to the election commission that issued the reviewedresolution the documents sent to aid in adjudicating the request for judicialreview – together with the court's decision.