Home > 2.4 Complaints and appeals > Urgent Report on the cancellation of election results by Constitutional Courts
 
 
 
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Section 43.
 

As regards the burden of proof, according to the general rule it lies with the applicant in a dispute on the election results. This includes the relevant facts (breach of the law) and – to a certain extent – also to the potential impact on the outcome of the election. The situation is different, however, in a procedure started by a (constitutional) court ex officio. In such a case, the court will have to show in its reasoned decision on what evidence the decision is based and why it is convinced that the irregularities may have had an impact on the outcome.