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Article 99
 

Resolution of conflicts of jurisdiction


(1) If the same complaint is submitted simultaneously to several electoral bodies, it shall be considered by the electoral body, which is the hierarchically superior to the body of which actions/inactions and decisions are being challenged. Complaints on action/inactions of electoral competitors, participants in the referendum or the initiative groups, as well as of other electoral subjects shall be submitted to the electoral body which has registered, accredited or confirmed them. Conflicts of jurisdiction between electoral bodies shall be examined by the Central Electoral Commission, in accordance with the procedure approved by the Commission under the conditions laid down in Article 91 (10).


(2) If the complaint is addressed to the electoral bodies and to the Court, the complaint shall be considered by the Court, unless the preliminary consideration procedure has not been followed.


(3) In the cases referred to in paragraphs (1) and (2), the electoral bodies which receive the complaints, but do not proceed to their consideration on the merits, declares them inadmissible under the terms of Art. 93.


(4) In the case of complaints regarding the financing of electoral campaigns of the candidates nominated by political parties or electoral blocs of parties, in which is addressed the request to apply the sanction in the form of cancellation of their registration, the electoral body that registered the candidates shall start the consideration of this request only after the complaint resolution by the Central Electoral Commission, in the part related to the facts considered by the complainant as violations of the financing of the electoral campaign, as well as on the ground of findings and solutions issued by the commission, as a result of the consideration.


(5) If the complaint refers to facts considered to be illegal, but their consideration falls within the competence of several authorised bodies (electoral bodies), the body which received the complaint shall initiate the consideration of the complaint based on its competence and on the other reported aspects it shall send it to the responsible authorities in accordance with Article 97 (3).