Slovak Supreme Administrative Court Ruling on Municipal Elections

Strategic Insights -

The Supreme Administrative Court of the Slovak Republic dismissed a lawsuit concerning the constitutionality and legality of municipal elections in Stefanovce, where a mayoral candidate was accused of violating the election moratorium by sending SMS messages and messages on social networks during the campaign. The court ruled that while the candidate's actions were a promotional activity, they did not have the intensity to influence the outcome of the elections. The court considered case law must evolve with the development of online campaigning and acknowledged that the ban on conducting an election campaign during the moratorium applies to both offline and online activities.

Key Takeaways:

  • The Supreme Administrative Court of the Slovak Republic dismissed the lawsuit concerning the municipal elections in Stefanovce, stating that the mayoral candidate's actions were a promotional activity but did not have the intensity to influence the outcome of the elections.
  • The court ruled that the ban on conducting an election campaign during the moratorium applies to both offline and online activities, including sending SMS messages and messages on social networks.
  • The court considered case law must evolve with the development of online campaigning and acknowledged that the online space has become a significant part of election campaigns.
  • The remuneration of the promotional activity is only an indicative factor in determining whether a campaign message is a violation of the ban on conducting an election campaign during the moratorium.
  • The Supreme Administrative Court of the Slovak Republic concluded that sending SMS and electronic messages less than 48 hours before the municipal elections with content promoting the activities, goals, and program of a candidate can be considered a violation of the ban on conducting an election campaign during the election moratorium.
  • The court found that the messages sent by the mayoral candidate did not convey any new sudden information, were of a general nature, and did not contain specific facts, thus not violating the free competition of political forces.
  • The Supreme Administrative Court of the Slovak Republic's decision implies the need for election authorities to adapt to the changing social landscape of online communication.

Statistics:

  • The municipal elections in Stefanovce were held on March 15, 2025.
  • The mayoral candidate won the election by one vote.
  • The lawsuit concerning the constitutionality and legality of the municipal elections in Stefanovce was dismissed by the Supreme Administrative Court of the Slovak Republic on June 4, 2025.
  • The Supreme Administrative Court of the Slovak Republic concluded that sending SMS and electronic messages less than 48 hours before the municipal elections with content promoting the activities, goals, and program of a candidate can be considered a violation of the ban on conducting an election campaign during the election moratorium.

Sources:

https://www.nssud.sk/