Reference no.:
OdlUS V, 213 | 12.12.1996
National Assembly Order on Confirming the Deputy Mandates of I. E., M. M. and mag. M. S.
Operative provisions:
The complaints against the National Assembly orders on confirming the deputy mandates of I. R., M. M. and mag. M. S. are rejected.
Since the National Assembly Elections Act did not provide that an individual can within the framework of appellate proceedings claim the rights belonging to third persons, the right to appeal against the National Assembly decision on the confirmation of deputy mandates pertains to that candidate who in these proceedings, according to the provision of Article 109 of the National Assembly Elections Act, asserts his right to be elected. From the same reasons, only that candidate who asserts his right to be elected in the proceedings before the Constitutional Court has standing to file an appeal with the Court against the confirmation of deputy mandates, according to Article 69 of the Constitutional Court Act. To the same right, the representative of the list of candidates who asserts the right to be elected of a candidate from the list that he represents, is also entitled.

The complainants, who was a candidate on the list of candidates which did not reach the electoral threshold necessary to enter the parliament, are not entitled to challenge the confirmed deputy mandates before the Constitutional Court, for a possibly different distribution of the mandates or granting of the obtained mandates to certain candidates would in no manner influence their right to be elected. Therefore, the complainants do not have standing to file this legal remedy, so the Court rejected their complaints.
Complaint to the Constitutional Court against a National Assembly decision on confirming the deputy mandates, standing to file a complaint.
Dissenting opinion of a Constitutional Court justice.
Concurring opinion of a Constitutional Court justice.
Legal basis:
Constitution, Arts. 82, 162
National Assembly Elections Act (ZVDZ), Arts. 31, 92, 106, 109 Constitutional Court Act (ZUstS), Arts. 23, 24, 25, 49, 61, 68, 69
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
other acts
N. M. - P., L. and M. K., N.
Date of application:
Date of decision:
Type of decision adopted:
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