The Constitutional Court (CC) rejected changes to the PAN statute approved at the last congress, held in Matosinhos last May, because they did not specify what behavior could constitute a disciplinary violation.
“It was decided to reject the petition to amend the charter of the PAN party, approved at the IX National Congress,” says the resolution published on the TC website.
Judges Palacio Ratton note that the new version of the People-Animals-Nature party’s charter does not explicitly stipulate what “conduct may constitute a disciplinary violation,” referring to disciplinary rules that must be “drafted and approved by the National Assembly.” Political Commission”, the highest political decision-making body between congresses.
The IC also addresses issues related to the time frame within which the National Jurisdiction Council decides on complaints about the application of sanctions, considering that “it is necessary to establish a maximum period for the internal body competent to consider appeals from decisions imposing disciplinary sanctions. – in this case, the National Jurisdiction Council – decides the objections.”
“The reference to a purely party regulation of identifying (albeit partial) disciplinary offenses, on the one hand, and the absence of a provision on the maximum period for considering a complaint against the application of a sanction or sending it to the specific validity period of the said resolution, on the other hand, is a failure to comply with constitutional and legislatively established guarantees in terms of sanctions,” the CU states in its published resolution.
The TC has already rejected changes to the constitution of the party led by Ines de Sousa Real, approved at the previous congress in June 2021 in Tomar.
In its January 2022 decision, the CU also stated that the chapter on “discipline and sanctions” lacked “corrections and improvements” and warned of a “violation of the principle of legality of sanctions” enshrined in the Constitution and a violation of the Political Parties Law.
Author: Lusa
Source: CM Jornal
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