Number of levels of adjudication

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

Article ?67. (1) Results of elections of the FederalPresident, elections to the general representative bodies, the EuropeanParliament, a constituent organ of a statutory association of professions(representative body), employers or employees or an executive organ of amunicipality (hereinafter named municipal executive) may be challenged on thegrounds of any alleged unlawfulness of the election procedure. The challengeshall contain the request to nullify the election proceeding or part of it, andspecify 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 theruling issued in the last stage of appeal. If such ruling makes reference todocuments submitted as evidence, counterparts, copies or photocopies of suchdocuments shall 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