Election Examination Court (Hesse)
The Electoral Examination Court in Hesse is a body for the electoral examination . Contrary to its name, it is not a court , but a political body.
Typically, in Germany, the election test is a task that is carried out by the parliaments themselves. Instead, there is an electoral review court in Hesse and Bremen , which is supposed to perform this task. This regulation was based on Article 31 of the Weimar Constitution , in which an electoral examination court was also set up (see history of the electoral examination ). The constitution of the State of Hesse took up this regulation in Article 78.
According to Art. 78 of the Hessian constitution, the electoral review court is composed of the two highest judges of the state, the President of the Higher Regional Court and the President of the Hessian Administrative Court , as well as three deputies. The members are elected on the day of the constituent meeting in accordance with Section 2 of the Election Examination Act.
The electoral examination court examines whether there were irregularities in the electoral process in the state elections or whether there were criminal acts or actions that were contrary to common decency and which were significant for the outcome of the election.
The constitution describes a one-step electoral review process. Following the court decisions in the election review of the state elections in Hesse in 1999, the State Court of Justice was set up as a second instance in Section 17 of the Election Review Act.
Voters whose objection has been rejected, and the fractions may therefore against the order of the Verification court within one month of the Verification complaint raise Hesse the Constitutional Court of the country.
Examination of the state elections in Hesse in 1999
The election review court at the Hessian state parliament ruled against the objections to the state election in Hesse in 1999 in a judgment of July 1, 1999 and declared the election to be valid. On March 3, 2000, the electoral examination court decided to resume the electoral examination procedure. The reason was the CDU donation affair . The CDU's undeclared funds were also used to finance parts of the CDU's election campaign. The basis for the resumption was the provision in Article 78, Paragraph 2 of the Hessian Constitution , which stipulated that significant acts that violate common decency and that influence the election result make the election invalid. With a judgment of February 8, 2001, the Federal Constitutional Court clarified the interpretation, whereupon the electoral examination court had to discontinue the proceedings. The State Court of Hesse confirmed the legality of this setting in a judgment dated February 13, 2002.
Web links
Individual evidence
- ^ Text of the Weimar Constitution
- ↑ Art. 78 Hessian Constitution
- ^ Judgment of the Federal Constitutional Court of February 8, 2001, 2 BvF 1/00 - (BVerfGE 103, 111 ff.)
- ↑ Judgment of the State Court of February 13, 2002 ( Memento of the original of February 21, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
