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The Supreme Court of Justice (STJ) decided, on the last day of 2020, to suspend the inauguration of the three new presidents of the counties of Lisbon, Lisbon North and Lisbon West, scheduled for January 5.
Two judges neglected in the selection process challenge the decisions made by the Superior Council of the Judiciary (CSM) and requested a precautionary measure. The STJ decided that those elected will not be able to occupy the positions until there is a final decision on the measure.
The contestant judges are Rui Teixeira, famous for the Casa Pia trial, and Marília Fontes. The first competed for the three counties in Lisbon, the second for 15 of the 18 counties in the competition. They were overlooked at all.
For both judges, the appointments decided by the CSM are illegal, due to irregular voting, violation of the principle of transparency and lack of reasoning, among other reasons. In addition, Rui Teixeira and Marília Fontes question the fact that the CSM deliberated in the middle of the last training course for presiding judges in the region.
The contestants began by filing a complaint with the CSM, about the three counties of Lisbon and Bragança. Upon being rejected, they requested the STJ to enact a precautionary measure to suspend the effectiveness of the act of appointment of the Board.
The latter challenged that request before the Supreme Court, invoking the “manifest and imperative public interest” of empowering the nominees. But this argument was not accepted by the advising judge María Tching, who determined the suspension of the appointments until there is a final decision, by the plenary session of the respective Section, on the precautionary measure. However, it excluded Bragança County as no applications were submitted during the selection process for this county.
Associated Providence – Rui Teixeira and Marília Fontes presented before the STJ a related precautionary measure, that is, requested by two people.
The decision depends on the section: As it is a related measure, it will be up to the STJ litigation section to decide on its merits. You have 30 days to speak.
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