The 4th Department of the Council of State ruled that it is incompetent to deal with the application of Zoi Konstantopoulou’s “Pleisi Eleftherias” party regarding the results of the parliamentary elections of July 7, 2019 and only the Electoral Court is competent. Thus, the SC rejected the application in question.
In particular, “Pleusi Eleftherias” and Mrs. Konstantopoulou appealed to the SC asking to cancel the act of the head of the Court of First Instance of Athens, which rejected their request to continue the recount of all ballots (including void and blank ones) of all combinations of the district of the Court of First Instance of Athens.
In the application, he cited the need to cross-check and confirm the election result, as there is a special legal reason, but he also has a legal interest in a recount, which goes back to the right to receive the electoral grant, if the percentage of votes exceeds 1.5%. As he claimed before the Court of First Instance of Athens, according to the unofficial results, the percentage of 1.5% is only 2,068 votes short of the national level.
Subsequently, the declaration of the deputies was made based on the election results and the definitive distribution table of the parties’ seats.
Subsequently, Mrs. Konstantopoulou, with a new application, asked the Court of First Instance of Athens to continue the counting and at the same time requested copies of the telegrams of the judicial representatives concerning the election results.
The Court of First Instance rejected the request, noting that an objection must be filed with the Electoral Court, which was not done.
Following these, Mrs. Konstantopoulou appealed to the Supreme Court requesting that the act of the head of the Court of First Instance of Athens be annulled, upon her request.
The 4th Section of the CoE, with its decision No. 443/2024, rejected her application, underlining that if the election result is not contested before the Electoral Court, it cannot be checked by the CoE either directly or incidentally and added that lacks jurisdiction to entertain and dismissed the petition for annulment.
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