Home > 2.1.3 Jurisdictions > COSTA RICA - Electoral Act
 
 
 
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ARTICLE 230
 

Suspensory effect of the filing of the action


The admissibility of petitions for the appeal for legal protection of electoral rights shall not suspend the effects of the laws or other regulatory provisions in question, but shall suspend the application thereof with respect to the appellant, as well as that of the actual acts challenged.


Nevertheless, in cases of exceptional gravity, the Tribunal can order execution, at the request of a party or ex officio, when suspension shall cause or threaten to cause certain and immediate damage or loss greater than those that execution would cause to the aggrieved party, by means of the protective measures that it deems appropriate for protecting the rights or liberties of the latter and which shall not render the effect of a possible resolution of the appeal in its favor illusory.


The suspension shall take effect automatically and shall be immediately notified to the organ or official who is the subject of the petition, by the most expeditious method possible.


Similarly, the examining chairman or justice can order any protective or safety measure prudence dictates to prevent material risks or prevent the occurrence of other damage as a consequence of the acts perpetrated, all in line with the circumstances of the case.


By means of a reasoned decision, the Tribunal can terminate the authorization for execution or any other precautionary measures that have been ordered at any time.