Publication details

Ohlédnutí za judikaturou k prezidentským volbám

Title in English A look back at the case law on the presidential elections
Authors

CHVOJKA Šimon

Year of publication 2023
Type Article in Periodical
Magazine / Source Soudní rozhledy
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Keywords election; Supreme Administrative Court; president; vote count; registration
Attached files
Description The Electoral Chamber of the Supreme Administrative Court has once again made the imperfect rules of the presidential election a little clearer. We can only hope that the Ministry of Interior will learn from this and that the next registration procedure will be less problematic. The lesson could be summed up by saying that the Ministry should be more thorough in verifying the signatures (whether of petitioners or legislators). However, who could be less thorough is the Electoral Chamber itself when it comes to verifying the results of the vote. It is not their job to recount the minimum number of votes, which could not have any influence on the result or interpretation of the electoral law. The goal of judicial oversight is to protect the objective legality of the electoral process, which is not compromised by the incorrect counting of a few envelopes or the rare “switching” of candidates’ results in one constituency. It is clear that the Electoral Chamber has been guided in the recount by the desire to produce a result that is as lawful as possible. It is to be hoped, however, that, in this case, the road to hell is not paved with good intentions.

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