Home > 2.4 Complaints and appeals > HUNGARY - Act XXXVI of 2013 on election procedure
 
 
 
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Section 60
 

(1) The mandate of the president of the National Election Office shall terminate


a) upon the expiry of his term of office,
b) upon his resignation,
c) upon his death,
d) if it is established that the appointment conditions are not met or the provisions regarding the declaration of assets are violated,
e) upon incompatibility or conflict of interest being established with regard to him.


(2) The president of the National Election Office may at any time resign from his mandate by tendering his resignation in writing to the President of the Republic via the Prime Minister. The mandate of the president of the National Election Office shall terminate after the date of communication of the resignation, on the day indicated in the resignation, or, failing this, on the day following the communication of the resignation. Acceptance of the resignation shall not be required to make resignation effective.


(3) If the president of the National Election Office fails to eliminate incompatibility or conflict of interest under section 56 within thirty days from the date of appointment, or if a cause of incompatibility or conflict of interest arises concerning him while in office, the President of the Republic shall, upon a motion by the Prime Minister, decide on the issue of incompatibility or conflict of interest.


(4) The President of the Republic shall be responsible for establishing, upon a motion by the Prime Minister, the absence of any appointment condition of the president of the National Election Office. Where the president of the Authority has knowingly misrepresented substantial data or facts in his declaration of assets, the President of the Republic shall, upon a motion by the Prime Minister, establish the violation of the provisions on the declaration of assets.


(5) The Prime Minister shall send his motion under paragraphs (3) and (4) to the President of the Republic and to the president of the National Election Office simultaneously.


(6) The president of the National Election Office may, within thirty days of receiving the motion, request the court to establish that the motion is unfounded; no application for excuse shall be accepted for missing this time limit. The provisions of the Act on the Code of Civil Procedure concerning actions arising from employment relationship and employment-related relationship, with the derogation that the case shall fall within the exclusive territorial jurisdiction of, and shall be adjudicated as a matter of priority by, the Budapest-Capital Administrative and Labour Court, and the court shall communicate the statement of claim and its final and binding decision adopted on the merits of the case to the President of the Republic as well.


(7) If the mandate of the president of the National Election Office terminates under paragraph (1) a), the president shall be entitled to an extra payment of three times his monthly remuneration at the time of termination.


(8) No counter-signature shall be required for decisions made within the powers conferred on the President of the Republic by paragraphs (3) and (4) and by section 55.