What remedies are available in the first instance?

Portugal

Portugal

Answer
  • Declare the candidate or party ineligible or eligible
  • Reversal or upholding of the challenged decision
Source

Decree-Law nr. 319A/76of May, 3rd. 1976

(With the amendments made by the following legislative acts:

Rectificationpublished in the Republic Diary, 1st Series, of June 7th1976 (rectified by the Declaration published in the Republic Diary, 1stSeries, supplement, of June 30th 1976); Decree-Laws nr. 377-A/76 ofMay 19th 1976, 445-A/76 of June 4th 1976, 456-A/76 ofJune 8th 1976, 472-A/76 of June 15th 1976, 472-B/76 ofJune 15th 1976, and 495-A/76 of June 24th 1976; Law nr143/85 of November 26th 1985 (rectified by the Declaration publishedin the RD, 1st Series, of December 6th 1985); Decree-Lawnr 55/88 of February 26th 1988; Laws nr. 31/91 of July 20th1991, 72/93 of November 30th 1993, 11/95 of April 22nd1995, 35/95 of August 18th 1995, and 110/97 of September 16th1997; and, Organic Laws nr 3/2000 of August 24th 2000, 2/2001 ofAugust 25th 2001, 4/2005 of September 8th 2005, 5/2005 ofSeptember 8th 2005, 3/2010 of December 15th 2010, and1/2011 of November 30th 2011.)

http://www.cne.pt/sites/default/files/dl/legis_lepr_2012.pdf

Artigo28?

Decis?o

O Supremo Tribunal de Justi?a, em plen?rio,decidir? definitivamente, no prazo de vinte e quatro horas.

Article28

decision

The Supreme Court inplenary definitely decide within twenty-four hours.

Comment

Note to 2.5.4 (presidential andlegislative elections)

There is no specificreference to the remedies available, but one induces that the possibilities areto reject or approve the appeal, hence validating or rejection the candidature
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