Constitutional Court rejects challenge to election results in Simmering

Constitutional Court rejects challenge to election results in Simmering

The district council election in Simmering continues to be a topic of conversation. In August 2023, the Incorruptible Party of Austria (UPÖ) initiated legal proceedings, which have now been finally rejected by the Constitutional Court (VfGH). According to the statements of meinkreis.at the Constitutional Court dealt intensively with the complaints submitted. The Incorruptible Party primarily argued that the declarations of support were not legally compliant because they included a field for notarial certification, although this was no longer required due to a reform of the municipal electoral regulations (GWO) in January 2023.

The Constitutional Court rejected the challenge after examining it and described the UPÖ's argument as “not substantial”. The Vienna electoral authority, which had previously assessed the matter, also found that the challenge was “unsystematic and contradictory”. A key result of the decision is that no legal errors could be proven and the UPÖ was not hindered in collecting declarations of support.

Details about the decision

The Constitutional Court's assessment stated that the UPÖ's complaints were rejected for formal reasons. The authority made it clear that the insufficient declarations of support could not result in the party appearing on the ballot. Further complaints from the UPÖ were also rejected due to formal deficiencies, which further strengthened the Constitutional Court's decision.

The 2025 district council election in Simmering is now officially over. A formative event that shows how important compliance with formal regulations and laws is in the Austrian political landscape.

A look at the Constitutional Court

The Constitutional Court itself has a long tradition and has been publishing decisions that are important for legal security in the country since 1919. From 2012, the collection will be published under the title “Selected Decisions of the Constitutional Court”, with only a selection of findings being printed. Information on this is also available online in the Austrian Legal Information System (RIS). vfgh.gv.at clear.

Finally, it should be noted that the decision of the Constitutional Court could influence the political climate in Simmering. Whether the UPÖ planned further steps or perhaps learned from the experience remains to be seen.