Legal challenges before the election

Before the election, legal challenges focus on whether trade union lists are eligible to run. A union whose list is rejected can file a lawsuit with the administrative court within three days of the deadline for submitting lists. This deadline is set at least six weeks before the election, which will be between October 22 and 29, 2026.

Legal challenges after the election

After the election, disputes concern the validity of the voting process and whether the results accurately reflect the voters’ choices. A preliminary complaint must be filed with the election authority within five business days of announcing the results, which could be as late as December 15, 2026. If rejected, a lawsuit can be filed with the administrative court within two months.

Eligibility of trade union organizations

To be eligible, a trade union must have been legally constituted for at least two years and must meet specific criteria, such as respecting republican values. These conditions are frequently challenged, and unions must provide documentation proving their legal status and any affiliations. Mergers of eligible unions are presumed to meet these conditions as well.

Gender parity in candidate lists

The law requires that trade union candidate lists reflect the gender balance of the workforce they represent. If the list does not match the proportion of men and women in the group, the candidacy can be contested. Unions must verify this balance before submitting lists and keep records in case of disputes.

Filing challenges against inadmissible lists

Challenges against inadmissible lists must be filed within three days of the deadline for submitting lists. This period is strict and starts from the deadline itself. The challenge can only address the conditions of the list’s presentation, such as the union’s representativeness, and not other grounds for rejection.

Preliminary complaints after the election

After the election, a preliminary complaint must be filed within five business days of the results being announced. This is a prerequisite for filing a lawsuit. The election authority must respond within 48 hours, and the response must be sent to the relevant regional or local authority. All grounds for contesting the results must be raised during this phase.

Filing lawsuits after rejection

If the preliminary complaint is rejected, the union has two months to file a lawsuit with the administrative court. This period starts from the date the rejection decision is notified. Recent court rulings have shown that issues not raised in the preliminary phase are not considered valid grounds for appeal.

Timing of result announcements and legal challenges

Results are announced without delay after the counting, which must be completed within three business days of the election. Legal challenges do not delay the election results, and elected representatives remain in place until a court annuls the election. If annulled, new elections must be held within a timeframe set by the court.

Judicial review of election irregularities

The administrative court examines whether irregularities affected the sincerity of the vote or the distribution of seats. Minor technical issues, like connection problems or delays in signing minutes, do not justify annulment unless they prevented voters from casting their ballots. Courts have ruled that isolated malfunctions are not sufficient to invalidate an election.

Cases of annulment in recent elections

In some cases, courts have annulled elections due to serious irregularities. For example, a voter was denied the right to vote because her name was not on the list, and a close vote for a seat led to annulment. Similarly, the removal of electronic voting seals without legal justification led to the annulment of an entire election due to concerns about the integrity of the vote.

Impact of technical errors on election outcomes

Technical errors that prevent voters from casting ballots can lead to annulment if they could have changed the outcome. For instance, an error that blocked 32 voters from participating in an election led to a recalculation of the vote distribution and the annulment of the election. Courts use hypothetical calculations to determine if the error might have affected the results.

Annulment can be partial or total

Annulment can apply to specific parts of an election or the entire event, depending on the severity of the irregularity. Courts are hesitant to annul elections unless the irregularity is proven to have affected the result. For example, a last-minute switch from electronic to paper voting was not enough to justify annulment if the administration provided adequate support to voters.

Requirements for successful annulment

To successfully request annulment, unions must provide evidence of the number of voters affected, the reasons for their exclusion, and the potential impact on the election outcome. They must also show that these voters were likely to support the union’s list. Courts often reject challenges that do not establish a clear link between the irregularity and the election result.

Legal procedures after a court decision

The avenues for appealing a court decision do not suspend the election results. If a challenge is filed against the admissibility of a list, the election proceeds based on the court’s ruling. The decision can be appealed to the administrative court of appeal within two months and, if necessary, to the Council of State. Legal representation is required at each stage.