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First instance body dealing with electoral disputes

Slovakia

Slovakia

Answer
Constitutional Court/Council
Source

Name LAW OFELECTIONS FOR NATIONAL COUNCIL .Act No. 333 in the Collection of Laws

Enactment :13 May 2004

Quote :

“Section 46

New elections

If the Constitutional Court ofthe Slovak Republic declares the elections to be invalid, or if it annuls theelection result, then the Chairperson of the National Council of the SlovakRepublic shall declare new elections to the National Council of the SlovakRepublic. (…)

Link : http://legislationline.org/documents/action/popup/id/4419)

Name: CONSTITUTION OF SLOVAKIA

Enactment:  1st ofOctober 1992 with amendments of 1999 

Quote

“

Article 129

(2) The Constitutional Courtshall decide whether (…) the elections to the National Council of the SlovakRepublic, (…) have been held in conformity with the Constitution and the law.

Link:http://legislationline.org/documents/action/popup/id/3839
Comment
TheODIHR ElectionAssessment Mission Report , issued on 12 June 2010,(http://www.osce.org/odihr/71246)points out the lack of a legislation that “… clearly stipulates a legal procedure forconsidering complaints by the CEC to ensure a uniform adjudication ofcomplaints and equal treatment of plaintiffs”. This report clearly describethat in some cases the CEC consider some complains and in others the CEC doesnot consider itself competent to address those complains.
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