Home > 2.4 Complaints and appeals > HUNGARY - Act CCXXXVIII of 2013 on Initiating Referendums, the European Citizens’ Initiative and Referendum Procedure
 
 
 
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18. Legal remedies
 

(1) The judicial review request, laid against a resolution of the body of representatives to order a local referendum or to reject to order a local referendum that should be compulsorily ordered, shall be addressed to the county court, but submitted to the local election commission in such a way that it is received by the local election commission within fifteen days after the publication of that resolution.


(2) The local election commission shall send the judicial review request to the county court within five days after its reception. The head of the local election commission shall inform the mayor about the submission of the judicial review request without delay.


(3) In the procedure specified in subsection (1) the county court shall carry out an examination as to the substance of the resolution only if, in the period between the certification of the signature sheet and the ordering of the local referendum, such an important change has occurred in the circumstances that could not be taken account of by the local election commission when taking its decision relating to, the certification of the question, or to the decision concerning the judicial review, or which could not be taken account of by the county court during the procedure under section 57, and which could influence the decision as to its substance. The county court shall not examine, as to its substance, any judicial review request in which the petitioner references concerns about the content of the question and about constitutionality in connexion with the certification.


(4) The county court shall adjudge the judicial review request within thirty days. The court shall, either uphold the resolution of the body of representatives, or annul it and instruct the body of representatives to adopt a new resolution.