Home > 2.9 Electoral offences and sanctions > HUNGARY - Act XXXVI of 2013 on Electoral Procedure
 
 
 
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Section 60
 

(1) The mandate of the President of the National Election Office shall be terminated:
a) upon completion of the term of office;
b) upon the Minister's resignation;
c) upon death;
d) if it is determined that he or she failed to meet the requirements for appointment or violated the rules on financial disclosure statements;
e) if a conflict of interests is established.
(2) The President of the National Election Office may resign at any time by submitting a written statement to that effect to the President of the Republic via the Prime Minister. The mandate of the President of the National Election Office shall terminate on a day following the day of the communication of the resignation indicated in the resignation note, or, if no such date is indicated, on the day following the communication of the resignation. No statement of acceptance is required for the resignation to be effective.
(3) If the President of the National Election Office fails to eliminate a conflict of interests as defined in Section 56 within thirty days of being appointed, or a conflict of interests arises during his or her term of mandate, the President of the Republic shall determine, upon the initiative of the Prime Minister, whether a conflict of interests can be established.
(4) The failure of the President of the National Election Office to meet the requirements for appointment shall be determined by the President of the Republic on the initiative of the Prime Minister. If the President of the National Election Office intentionally stated untrue data or facts of importance in the financial disclosure statement, the President of the Republic shall establish, upon the initiative of the Prime Minister, the violation of the rules on financial disclosure statements.
(5) The Prime Minister shall send initiatives pursuant to (3) and (4) concurrently to the President of the Republic and the President of the National Election Office.
(6) The President of the National Election Office may, within thirty days of receiving the initiative, initiate court proceedings aimed at establishing that the initiative is unfounded; in the event of missing this deadline no application for extension shall be accepted. Court proceedings shall be governed by the provisions of the Act on the Code of Civil Procedure on employment relationships and similar relationships with the exception that the administrative and labour court of the Capital city shall have exclusive jurisdiction in such cases, acting in priority proceedings and communicating the claim and any final decision regarding the substance of the case to the President of the Republic.
(7) If the mandate is terminated pursuant to Section (1) a), the President of the National Election Office shall be entitled to a special disbursement amounting to three times his or her monthly salary.
(8) No countersignature shall be required for decisions by the President of the Republic made pursuant to (3), (4) and Section 55.