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MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
RELEVANT LEGAL FRAMEWORK AND PRACTICE
I. DOMESTIC LAW
A. Act CCXXXVIII of 2013 on Initiating Referenda, the European
Citizens’ Initiative and the Referendum Procedure
31. The relevant provisions of this Act provide as follows:
Chapter I
General provisions
Section 1
“(1) The general provisions of Act XXXVI of 2013 on Electoral Procedure ... shall
apply – with the differences included in this Act – to the procedures falling within the
scope of this Act.
(2) The National Election Commission may issue guidelines for the electoral bodies
in order to ensure a unified interpretation of the legal provisions relating to the
procedures regulated by this Act.”
B. Act XXXVI of 2013 on Electoral Procedure
32. The relevant provisions of this Act read as follows:
The basic principles of electoral procedure
Section 2
“(1) The following principles shall prevail in the application of the rules of electoral
procedure:
(a) the protection of the fairness of the election;
(b) voluntary participation in the election procedure;
(c) equal opportunities for candidates and nominating organisations;
(d) support for voters with a disability in exercising their right to vote;
(e) the exercise of rights in accordance with their purpose and in good faith;
(f) the publicity of the electoral procedure.
...”
Guidelines
Section 51
“(1) The National Election Commission may issue guidelines to electoral bodies
with a view to ensuring the uniform interpretation of legislation relating to elections.
(2) The guidelines shall not be legally binding; they shall serve exclusively as
guidance, and no appeal shall lie against them.
(3) The guidelines shall be published on the official website of the elections.”