Legislator Case Law & Legislation
ECLI:NL:RVS:2017:370 ECLI:NL:RVS:2017:370 AI generated

Court allows local party's appeal, declaring their candidate list valid despite central office's rejection.

Case Number ECLI:NL:RVS:2017:370
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Council of State declared the appeal by 'Lokaal in de Kamer' admissible and granted it, overturning the central voting office's decision to invalidate the candidate list. The central office had rejected the list due to insufficient valid support declarations, arguing that the party failed to meet the legal threshold within the recovery period. The court ruled in favor of the party, finding the list valid and ordering the central office to cover the party's legal costs and fees.

Legislator headnote

AI generated

Articles 10, 11, and 12 of the Electoral Act 1982; A candidate list is valid if supported by the required number of declarations, and a central office's rejection based on a lack of valid declarations is erroneous if the declarations were properly submitted within the recovery period.

Keywords

AI generated
Electoral Act 1982 candidate list validity support declarations recovery period central voting office administrative appeal Dutch elections

Cited Legislation

AI generated
Articles 10, 11, and 12 of the Electoral Act 1982
artikel 8:67 van de Algemene wet bestuursrecht

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