The Court of Justice of the Comarca of Madeira on Monday rejected the request of the ADN (Alternativa Democrática Nacional) not to allow Chega’s candidacy, in the context of the archipelago’s regional elections scheduled for September 24. ADN does not give up and has already announced that it will appeal against the ruling to the Constitutional Court.
Based on the request of the DNA, the decision of the Constitutional Court (TC) that declared invalid the deliberation of the National Commission of the Chega Party of December 10, 2022, in the part in which it approved the election and operating regulations. of the V National Convention of that party and proceeded to call the militants of that party to convene the V National Convention, in an extraordinary session”.
In this sense, the ADN states that “all resolutions passed in that convention are invalid, and the national bodies of CHEGA elected in the same convention are deprived of their legal existence”.
As a result, the National Democratic Alternative believes that the “National Directorate of the CHEGA Party, elected at that convention, did not have the legitimacy to approve the list of candidates for the Madeira Regional Legislative Assembly elections on 24 September. 2023″.
But in the order of the Judicial Court of the Comarca of Madeira, to which the DN had access, the request of the DNA was rejected. “(…) Since there is no procedural irregularity preventing, in particular, the enforcement of the decision to admit the candidacy of the CHEGA party, the complaint lodged is rejected,” the document said.
Among the arguments put forward by the court, it is stated that “no elements were attached, namely the certificate of the judgment [da decisão do Constitucional face à Convenção do Chega] or notification thereof to the parties, enabling it to be ascertained whether it has become final, since the mere fact that the Appellate Body has been exhausted does not permit confirmation that it has become ‘immediate’.
“However, it should always be noted that the ruling of the Constitutional Court has not determined the extinction of the CHEGA party, while the respective registration remains in force. a), of paragraph 4, of article 26, be maintained,” the court also justifies in the order.
It also takes into account the Judicial Court of Madeira District that the aforementioned judgment of the Constitutional Council on the Chega Convention “is a matter beyond the purpose of this electoral process, and it is not for this seat to judge”.
Source: DN
