European Union..Europaeische Union

(EU-Austria):

 European Union=EU=Europaeische Union:

 =====================================

 EU-European Parliament:

 -unfair elections

 EU-(Austria):
  decision of the EU-(Austria)-regimeadministrationdictatorship with a slavery act:

 




 

  

                       

Constitutional Court
Judenplatz 11, 1010 wien
     W 1-9198 - 7

                      Decision:

 The constitutional court headed by the president Dr.Adomovich, with the
Vicepresident Dr. Piska and the members Dr. H o l z i n g e r , 
Dr . L a s s ,  Dr. L i e h r  und Dr. M o r s c h e r  as
opinonleader, in the presence of the writing secretary Dr. S t � g e r ,
decided about the appealing against the Federal president
elections submitted by Mag.Franz Josef G l a s l, Lachsfeld 16,
2113 Karnabrunn in his non-public meeting today:

               
               The electionappeal is rejected.
 

                       statement of reasons:
                       _____________________

         1.1.1. The announced elections of the Federal President
with order of the Federal government took place on 19. april 1999.

         For this election the appealingactor submitted an election
proposal titled with his own name with the Federal ministry of the
interior on 25 february 1998, which also contained the declaration
of consent of the electioncandidate and which was accompanied by a
declaration of support certification(also signed by the electioncandidate)
which was certified by the community. The appealer acted also as
person authorized to receive service of legal process on his
behalf and as the substitute=proxy. On 20. March 1998 there was a 
further file called amendment (of the elcetion proposal) submitted
with the Federal election authority

(9. June 1998)


                             - 2 -

         1.1.2. The Federal election authority adopted a decision 
in his meeting on 21. M�rz 1998 that the election proposal has to
be held not to be submitted because of missing the requirements of
� 7 Section 4 Federal president election law 197.

         1.1.3. The election proposal didnot appear in the
announcement on 26. March 1998( in the official gazette of the
Wiener Zeitung) according to the � 9 BPWG compulsory announcement
and had not to be considered in the elections of the Federal president.

         1.2.1. With the file sbmitted of  12. May 1998 explicitly
reffering to Art. 141 B-VG the appealingactor appealed against
the Federal president elections 1998 and claimed to declare the
election procedure for void because he relys on having submitted an
election proposal according to the law.

          1.2.2. The Federal election authority presented the election
files, but refrained from laying a counterwriting.

         2. The electionappeal is inadmissible.

         2.1. According to the regulation � 21 Abs. 2 BPWG the
election decision of the  Federal election authority can only be
appealed by the person authorized to receive service of legal 
process  of an election proposal which complies with the law (� 9 BPWG).

         2.2.1. The Federal election authority acts in a right way when
not announcing the election proposal of the appealingactor( � 9 B PWG ) , 
because this proposal didnot comply with the legal requirements:

         From the election files result that the person authorized 
of the election proposal("Franz Josef Glasl") failed to pay
ATS 50.000 in cash for contributting to the costs of the election
procedure at the same time when having submitted the proposal.
� 7 Abs. 4 BPWG states


                          - 3 -

- which is not doubted by the appealingactor- that the election proposal
is not submitted valid.
Such a fault is not repairable. Therefore there had no 
(repairing) request to be set accordingly( like in the sence of
� 8 Sec. 3 last sentence BPWG) (see. VfSlg.13.071/1992) .

          2.2.2. Taking this into consideration the election
appealing had to be rejected because of being not entitled for
(� 21 Abs. 2 BPWG), without having to wait for an approvement
of the preliminary slavedriver appointed with the decision of
the district court of Korneuburg of 17.July 1997, Z 1 P 97/96 k-41,
as representative of the appealingactor (in certain urgent matters)
-as to add to.



         As far as the appealer questions the BPWG being 
unconstitutional, there is to adhere that the constitutional
court -from the view of this case-  has no constitutional
objections against the regulations of the BPWG which are a precedent for
the procedure (compare. eg VfSlg.12.721/1991) .


        2.3. Thise decision  could be adopted according to � 19 Nr 3 lit. e
VerfGG 1953 without further proceedings in a non-public
meeting.

 


                       Vienna, on 9. June 1998

                           The President

                       Dr. A d a m o v i c h
                     
                            round stamp
                            (Republic Austria 7 Constitutional court)

writing secretary:
 Dr. S t � g e r 
                 
                                 For the correctness of the copy:
                                        signature unknown

                           
 

order.....Verordnung
BPWG......Bundespr�sidentenwahlgesetz