Excluding a judge from hearing a case

(point 4 amended by Law No. 74/2012, dated 19 July 2012)

1. The parties to a case before the Electoral College shall have the right to request the exclusion of any of the judges of the Electoral College from adjudicating a case.

2. An exclusion shall take place if it turns out that the judge has any interests in the case, has been an employer, employee, advisor, representative or attorney of any of the parties, has family relations or a close relation by marriage to any of the parties, or it turns out that he/she cannot fulfil his/her task impartially, fairly and without favouring any of the parties.

3. The exclusion of the judge from adjudicating a case shall be performed by the Electoral College. All judges of the Electoral College shall decide together on the validity of a challenge to any of the judges.

4. The appellant or the interested party shall submit the request for exclusion to the court secretary after the names of the judges who will judge the case are announced.

5. The request for exclusion shall contain the specific reason why it is not suitable for a certain judge of the Electoral College to adjudicate the appeal.

6. Requests for excluding a judge submitted beyond the deadlines and procedures of this Article shall not be taken into consideration.