Maximum adjudication time for the full EDR process (days)

Czechia

Czechia

Answer
15 days
Source

Article 65. Privacy on the registration of candidates

(1) The decision on the rejection of candidates proposed by MPs, senators, citizens candidates list, which was rejected, within 2 working days from receipt of the decision to seek protection in court by another legal regulation12 ) .

(2) against the registration of candidate, MPs, senators, citizen who have submitted candidate lists may seek protection within 2 working days from receipt of the decision in court by another legal regulation 12 ) .

 

Article. 68 Jurisdiction of the courts

The proceedings under § 65 and 66 is by the Supreme Administrative Court. * […]

 

Regulation No. 275/2012 Coll. Law on the election of the President of the Czech Republic and amendments of certain laws

http://www.zakonyprolidi.cz/cs/2012-275#p65

Protection in matters of registration

Article 89. […]  (5) The [Supreme Administrative] court shall decide by a resolutionwithin fifteen days after the petition has reached the court. Proceedings need not be ordered. *

Act No. 150/2002 Coll.,?Code of Administrative Justice of the Czech REPUBLICas amended by Act. No. 192/2003 Coll., Act. No. 22/2004 Coll., Act No. 235/2004 Coll., with effect from May 1, 2004

http://?www.?nssoud.?cz/?docs/?caj2002.?pdf

 

“Following the decision of the MoI to deny the registration of 11 candidates on the basis that they had not produced the required number of signatures, 9 of them filed complaints with the Supreme Administrative Court. The court rejected five because their registration application contained less than 50,000 signatures and one because the complaint was filed after the deadline. […] 

Following the resolutions of the Supreme Administrative Court, five petitions were filed with the Constitutional Court, four of them being dismissed as inadmissible because the complainants had not collected the 50,000 supporting signatures.”

OSCE/ ODIHR Election Assessment Mission Final Report The Czech Republic Presidential Election 11-12 January, 2013 (Warsaw 30 April 2013) 

http://www.osce.org/odihr/elections/101126

Comment

15 days (for Supreme Administrative Court to decide on registration related matters) (excluding time allotment for petition to be filed before the Constitutional Court and time for Constitutional Court’s decision). 

 

Note: Since in the Election Law it is not specified how long does it take for the Supreme Administrative Court to come up with decision regarding candidate registration related complaints, we take the general provision from the Administrative Justice Act regarding protection in matters of candidate and party registration. We support this with excerpt from the OSCE/ODIHR Report: “Complaints related to the registration of candidates can be filed with the Supreme Administrative Court, within two days after the decision of the MoI to approve or reject the candidate’s registration. In such instances, the court is to issue its decision within 15 days” (OSCE/ ODIHR Election Assessment Mission Final Report The Czech Republic Presidential Election 11-12 January, 2013 (Warsaw 30 April 2013) http://www.osce.org/odihr/elections/101126)

 

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