DECISION No. 18 OF OCTOBER 22, 1996 ON CC No. 22/96
The case was on a motion from a group of 52 MPs from the 37th National Assembly and filed on October 17, 1996 in reference to Art. 149 para 1 subpara 1 of the C.
The Constitutional Court was asked to give a binding interpretation of the provisions of Art. 93 paras 3 and 4 of the C. The question was: "Is it required to have more than one half of all eligible voters casting their ballots in the election for a President of the Republic in order to have a runoff vote within seven days according to Art. 91 para 4 between the two top candidates?" The interpretation of Art. 93 para of the C. had to answer: "Should none of the candidates be elected regardless of the reason, is a runoff vote required within 7 days?"
The Constitutional Court recognised that the provision of Art. 93 para 3 of the C. defines the requirements for the President of the Republic to be elected at the first round. The candidate shall require a) more than one half of the valid ballots and b) more than one half of the eligible voters shall have cast their ballots.
The two requirements are cumulative and equipotential. If one of these requirements or both are missing, the election (the first round) shall not be invalid but there shall be a runoff vote.
The provision of Art. 93 para 4 of the C. applies when none of the candidates for President was elected at the first round.
The runoff vote that this provision provides for shall also be held when less than one half of the eligible voters have cast their ballots in the election.
Whatever the case, the runoff vote shall be held within 7 days of the first round of the election.
