Constitutional Court pursues proceedings on Raši's electoral complaint

KOSICE. The plenum of the Constitutional Court (ÚS) of the Slovak Republic in open court decided to continue the proceedings concerning the electoral complaint of Richard Raši.

He challenges the unconstitutionality and illegality of the election of the President of Košický samosprávny kraj (KSK), which took place on 4 November 2017.

The Constitutional Court informed her Thursday in a press release of a plenary session of public hearing.

Macejka advocates the process

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As Ivetta Macejková, President of the S of the Slovak Republic, stated in an article about certain press articles concerning the election of the President of KSK, the petition of the applicant was transmitted to the Constitutional Court on 15 November 2017 in 22:01, within the legal period of 10 days.

The complaint was transmitted electronically to Judge Rapporteur Lajos Mészáros after being transmitted to the Constitutional Court.

The entire procedural procedure subsequent to the service of the application is under the exclusive authority of the Judge-Rapporteur.

The judge rapporteur decides to postpone the complaint or to submit to the plenary of the Constitutional Court a request for the rejection of a complaint, in particular because of the delay in filing the application, or submits an application to the Constitutional Court for the latter to file his complaint.

"The judge-rapporteur therefore had the exclusive discretion to choose the procedural procedure and any interference in that power would constitute an interference with the independence of the judge-rapporteur and a breach of the principle of the right to a legitimate judge," Macejkova said.

They decide on the constitutionality, not the result

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She added that the Constitutional Court decides in plenary on the constitutionality and legality of the elections and relies solely on the legal assessment of the plenary of the Constitutional Court, composed of 13 members, to reject the complaint or to take the following measures.

"In this respect, it should be noted that the rapporteur, Lajos Mészáros, presented to the Plenary Assembly a proposal for a decision rejecting a complaint for non-compliance with the prescribed requirements as a possible ground for rejecting the complaint in question, he indicated the obvious lack of justification of the proposal that he had submitted after the recalculation of the ballots. "Elected constituency," said Macejkova.

She added that the recalculation of the ballot papers had been initiated by the judge himself who, after reading the minutes of the district electoral commission, had noted that the applicant, candidate for the post of president of the region Košice, had no vote.

After recalculation of the ballots, however, it was found that the candidate as candidate for the Presidency of the Autonomous Region of Košice obtained 88 valid votes in the electoral district 1 of Zemplínska Široká, which does not reflect the and the official election results published by the Statistical Office of the Slovak Republic.

On the basis of these findings, the Judge-Rapporteur declared that the acts alleged against the District Electoral Commission were not likely to create an illegality or unconstitutionality of the elections, 88 votes in favor of the complainant having not changed the final result of the election of the president of the autonomous region of Košice and not having changed the election winner.

The steps towards the decision continue

As at a public sitting of the Plenary Court of the Constitutional Court on 31 January 2018, the draft resolution presented by the Judge Rapporteur did not obtain the prescribed number of seven votes of Constitutional Court judges. . The complainant's complaint is deemed to have been accepted for the remainder of the proceedings.

The plenary assembly of the Constitutional Court in open court also discontinued the proceedings relating to the complaint in question until the law enforcement authorities opened an investigation into the criminal proceedings, the competent public authorities.

"Since the obstacle for which the procedure in question was lifted was lifted, the Plenary Court of the Constitutional Court decided at a public hearing on November 28, 2018 that it was continuing in the case of the complaint of Richard Raši ", said Macejkova.

In the next proceeding, the Constitutional Court will continue its efforts to make a meritorious decision and the parties to the proceedings, including the defendant and his lawyer, will be able to comment on all the facts concerning the proceedings in question.

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