The Chega party asked for the prosecution’s case to be dismissed regarding the statutory changes introduced at the Évora congress, in September 2020, considering that the process has “absence of legal basis”.
“It requires the immediate filing of the promotion of the Public Prosecutor’s Office (MP) for lack of legal basis and, in particular, for lack of legitimacy, as well as for the competent annotation of statutory changes in the register in the Constitutional Court (TC)”, reads a response from Chega ao TC , which will be entered this Tuesday and to which Lusa had access.
Chega reacted in this way to the process of the MP, which asks the Constitutional Court not to register the statutory changes introduced by Chega in September 2020, at the National Convention of Évora, since the call for the meeting did not indicate that changes in the party’s statutes would be voted.
According to the MP’s process, “the Chega militants summoned for that extraordinary meeting were unaware that it was intended (…) to deliberate on the amendment of the statutes”, given that the summons to the National Convention of Évora indicated that they would be presented “political motions and interventions”, but not statutory changes.
The MP thus considers that there was “a fundamental and irreparable non-compliance” of the Chega statutes, since they stipulate that the National Convention can only “deliberate on the points that are the object of the convocation”, which is not the case with the amendments statutory.
However, according to Chega, “what is at stake is a mere matter of aesthetics grammatical“, considering the party that “motions can deal with any matter, statutory or not”.
The party also emphasizes that, in the regulation of the National Convention of Évora, it was stated that members could “present and vote on motions, statutory changes or programmatic changes”.
In this sense, Chega understands that the MP should “have investigated all the internal communication and dissemination pieces concerning the Congress’s convocation”, namely the Convention’s regulation and program, in addition to the convocation in question.
The process will now be evaluated by the TC, which still has no date to deliberate on the matter.
If the Constitutional Court grants the Public Ministry’s case, the statutory amendments introduced by Chega in the National Convention of Évora are without effect, the party continuing to be governed by the statutes approved in the 1st National Convention of Chega, in June 2019.
Total no, five motions to amend the bylaws were approved at the National Convention of Évora.
The motions, in addition to changing the mode of election of the party leader – who was elected “in direct elections by the free vote of all members”, instead of being elected by the party’s National Convention – and the National Convention – which started to be elected by a simple majority, instead of two-thirds – they also created new bodies.
Among the new bodies created are the Juventude do Chega, the Ethics Committee — responsible for imposing the so-called ‘cork law’ — and the positions of general secretary and assistant secretary general, in charge of representing the president of the party “with the regional, district and local structures of the party, as well as assuming the day-to-day management of the same in its various administrative, legal, financial and institutional aspects”.
If the Constitutional Court agrees with the Public Ministry, all these changes are without effect.