The Supreme Administrative Court annulled decision No. 3637-NS of September 9, by which the CEC refused to register the “Movement for Rights and Freedoms – New Beginning” coalition to participate in the October 27 elections. The file is sent to the CEC for the immediate registration of the coalition.
It was established that on September 2 at 00:05 an application was submitted electronically by the applicant coalition, signed with electronic signatures by both representatives of the coalition, the SAC reported.
According to the court, the application was not reflected in the register and was not examined by the CEC, accordingly there are no findings as to whether it meets the requirements of the Election Code and decision No. 3546-NS of August 27, 2024 regarding the registration of parties and coalitions in the CEC for participation in the scheduled parliamentary elections.
The court accepts that the applications of the two coalitions, in the formation of each of which PP DPS participated, were not submitted at the same time, on the contrary – the application of the applicant coalition was submitted before the application of the “Democracy, Rights and Freedoms – DPS” coalition electronically .
According to the rule of Article 29, Paragraph 6 of the Code of Administrative Procedure (APC), requests submitted by e-mail before the expiration of a certain period, even if outside the working hours of the authority, are considered to have been submitted within the deadline, the announcement states.
The magistrates accept that the CEC violated the law by not registering the electronically filed application in a timely manner in the incoming register of coalitions to participate in the October 27 elections, not giving it a serial number, not examining it independently, but instead attached it to the later submitted paper application.
The court states that the CEC accepted that the application was submitted simultaneously with another one – for registration of the coalition “Democracy, Rights and Freedoms – DPS” and considered the application in connection with it.
The instructions for the removal of admitted irregularities, which the CEC gave to the “DPS – New Beginning” coalition, are also completely inconsistent with the provisions of the Election Code, the court points out.
The decision on the way to participate in the elections – independently or in a coalition – belongs solely to the political party itself. Art. 127 of the IC places only one limitation in this connection – the party can appear in elections either independently or only in one coalition in each type of election, the decision of the Supreme Court adds.
Moreover, the prohibition of Article 127 would be violated only in the event that in the specific type of election a certain political party is already registered for participation, regardless of whether it is alone or in a coalition with other parties.
The decision is final.
It was reached after the “Movement for Rights and Freedoms – A New Beginning” coalition filed a complaint with the Supreme Administrative Court against the Central Election Commission’s refusal to register the coalition for participation in the October 27 elections.
btv.bg
#SAC #decided #CEC #immediately #register #DPS #beginning
