Home > 2.4 Complaints and appeals > 19HUNGARY- Act CCXXXVIII of 2013 on initiating referendums, the European Citizens’ Initiative and referendum procedure
 
 
 
Download file    
 
 
Section 58
 

(1) A review application against a resolution by the representative body ordering a local referendum or rejecting to order a local referendum the ordering of which is mandatory shall be addressed to the regional court and submitted to the local election commission in a manner that it is received by it within fifteen days from the publication of the resolution.


(2) The local election commission shall send the review application to the regional court within five days after receipt. The chair of the local election commission shall inform the mayor about the submission of a review application without delay.


(3) In the proceeding under paragraph (1) the regional court shall examine the resolution as to its merits only if between the certification of the signature gathering form and the ordering of the local referendum there was an essential change in the circumstances that could not be taken into account by the local election commission when deciding on the approval of the question or on a review application against the approval of the question or, in a proceeding under section 57, by the regional court and that may substantially influence the decision concerned. The regional court shall not examine as to its merits a review application in which the applicant refers to constitutional concerns relating to the substance of the question or to approval.


(4) The regional court shall adjudicate the review application within thirty days. The regional court shall either uphold the resolution by the representative body, or annul it and instruct the representative body to adopt a new resolution.