Judicial appeal against the refusal of the request for changes

(amended by Law No. 74/2012, dated 19 July 2012)

1. Against the rejection of a request for changes to electoral components for causes envisaged under Article 53 and pursuant to procedures specified in Article 54 of this Code, an appeal may be filed by the applicant to the district court with jurisdiction in the relevant local government unit. The appeal may be filed no later than 5 days from the receipt of notification on the decision or the expiry of the deadline for the civil status office to take a decision on the request. Lawsuits in accordance with this Article shall be exempted from paying the court service fee.

2. The court shall examine the case and take a decision within 5 days from the submission of the lawsuit. In the event the plaintiff or their legal representative does not show up in the trial, the court shall dismiss the case. In the event the defendant does not show up in trial, the case shall be tried in absentia. The court must notify the absent party of the decision, in accordance with the respective provisions of the Civil Procedure Code, within 24 hours from the date the decision is announced. The civil status office shall be obliged to execute the court decision within 48 hours from receiving the notification, without requiring the plaintiff to request the issuance of an execution order. In any case, the court must make its reasoned decision in writing available to the parties the same day the decision is announced.

3. The claim shall be substantiated with the same documentation and evidence that substantiate requests to the civil status office.