VI. LEGAL REMEDIES

VI.1. General rules of legal redress

Act C of 1997 on Electoral Procedure differentiates between two forms of legal redress: reserve and complaint. The two means of redress are differentiated by the source of grievance constituting the subject of redress. 
Complaints may be lodged because of any violation of the electoral law, and reserves against the decisions of election bodies. Mere interference with someone’s interests does not substantiate redress. The law calls the two means of redress jointly reserve. 

VI.2. Venues for redress

Pursuant to the general rules of redress, electoral redress shall be, except for legal remedy against the decisions of NEC made not as an appellate venue, two-level; election committees proceed as an adjudicating body of first instance, courts as one of second instance. The venues of legal redress of the election procedure are as follows:

- Reserves lodged against decisions of the ballot-counting committee made within the scope of conducting the elections, maintaining the statutory order of the elections, and with regard to disputes arising in the course of voting are decided by the competent local, or territorial election committee. The proceeding venue is determined by the fact that the challenged decision was made in connection with the election of representatives, the mayor, minorities, or the election of the county/metropolitan convention, the Mayor of the capital. Reserves lodged against the decisions of local election committees fulfilling the responsibilities of ballot-counting committees at settlements having one constituency are decided by the territorial election committee (as a body of first instance). 

- Reverses submitted against the decisions made by the local election committee not as an appellate venue will be decided by the competent territorial committee (firs instance).

- Reverses submitted against the decisions made by the territorial election committee not as an appellate venue will be decided by the National Election Committee (first instance).

- Reserves submitted against the decisions made by the local election office or the territorial election office as an appellate venue will be decided by the metropolitan, county court. Redress against the decision of the court does not lie (second instance).

- Reserves submitted against the decisions made by the National Election Committee regarding any matter will be decided by the Supreme Court. Further redress against the decision of the Supreme Court does not lie. 

VI.3. Submitting reserves

Complaints and reserves against the decision of the ballot-counting committee shall be lodged with the election committee entitled to adjudge them, other reserves with the election committee that has made the decision found injurious. Complaints and reserves shall be submitted in such fashion that they should be received the latest in three days from the activity or the making of the decision found injurious. Reserves shall contain the indication of the proofs of the violation of the law and the notify address of the party lodging the reserve. Reserves submitted deficiently shall be dismissed by the election committee without examining them on the merits.
The election committee will send the reserve received together with the documents related to the case up to the election committee or court entitled to adjudge it the latest on the day following the date of receipt. The election committee or court adjudging the reserve will decide the reserve lodged in three days from the date of receipt. The election committee may hear the party submitting the reserve. In such case, the adverse party shall be also allowed to make a statement in person.
The court will decide the reserve in non-action, in a council consisting of three professional judges. In the court proceedings legal representation is obligatory. The court may hear the representative of the election committee that has made the decision contested with the reserve, and the party submitting the reserve. 
The body adjudging the reserve may change the decision by making a decision sustaining the reserve. Another alternative is that it annuls the unlawful decision, and has the entire election procedure or a part of it (e.g., the voting) repeated.
The parties involved and the competent election committee shall be informed about the decision of the election committee and the court, on the day it is made. Further redress against the decision of the court does not lie.

VI.4. Legal remedy against the election committee’s decision ascertaining the results

The general rules of incompatibility shall be applied in procedures of redress against the election committee’s decision ascertaining the results with the following deviations:

- An reserve against the decision of the ballot-counting committee ascertaining the electoral district results lies only in conjunction with a reserve against the decision of the election committee (LEC, TEC) ascertaining the results of the elections. Subsequently, it is not allowed to lodge a reserve directly against the decision of the ballot-counting committee ascertaining the results of the elections, but the unlawfulness of the decision made by the ballot-counting committee may be used to substantiate the objection against the decision of the election committee ascertaining the results of the elections.

- The basis of the reserve against the decisions of the election committee ascertaining the results of the elections may be, in addition to the unlawfulness of the decision of the ballot-counting committee ascertaining the electoral district results, that the election committee (LEC or TEC) has violated the rules of aggregating votes or allocating seats.

- The reserve shall contain the indication of the proofs of the violation of the law and the notify address of the party submitting the reserve. Reserves submitted deficiently shall be dismissed by the election committee without examining them on the merits.

The terms available for lodging and adjudging reserves against the decision ascertaining the results are definitely shorter than in the event of other reserves. In this respect, reserves shall be submitted in such fashion that they should be received by the election committee having made the decisions found injurious the latest on the day following the decision of the election committee.
The election committee entitled to adjudge the reserve will decide the reserve the latest on the day following its receipt. The reserve against the decision of the election committee shall be submitted in such fashion that it should be received by the election committee having made the decision found injurious on the day following the decision of the election committee. The court will decide the reserve the latest on the day following the day it is received.