TC decides not to analyze the Lisbon Chamber’s appeal to the CNE’s deliberation

The Constitutional Court decided not to analyze an appeal by the Lisbon City Council to a deliberation by the National Elections Commission, which considered that mayor Carlos Moedas published “forbidden” content on social media during the electoral campaign.

The ruling of the Constitutional Court (TC), released this Tuesday, argues that any decision taken at this time “would be useless”, since the legislative elections have already taken place on March 10th.

At issue is a deliberation by the National Elections Commission (CNE), which urged the president of the Lisbon City Council, Carlos Moedas (PSD), to remove references to measures in the area of ​​housing from social media, considering it to be “advertising prohibited institution”, at a time when the electoral campaign was still going on.

“If the Court decided that the deliberation in this part was illegal, this would not result in the imperative of reposting the information on the aforementioned platforms/social networks, given that at the moment a decision is made, nothing prevents the municipality and its president from promoting it , since the electoral act has already taken place and there is nothing more to ensure in terms of the deliberation”, can be read in the text of the TC’s ruling.

On the other hand, the ruling adds, “if the Constitutional Court decided on the legality of the CNE’s deliberation, this would not have any consequences either, because at the time of the decision it would always have already expired in this part, since the order contained therein It is not effective beyond the electoral period.”

The Lusa agency questioned the Lisbon City Council this afternoon about this decision by the TC, but has not yet received a response.

The Lisbon City Council’s appeal was delivered to the TC on March 6, but the internal distribution of the process only took place on March 12, after the election.

On two occasions, the CNE decided to urge the City Council to remove/remove content considered “forbidden” during the electoral campaign, following complaints made by citizens.

On one of the occasions, the Lisbon City Council was accused of institutional advertising by placing posters relating to the measures implemented by the municipality in the area of ​​housing, in relation to rent support and the rehabilitation of vacant buildings.

Subsequently, Carlos Moedas was asked by the CNE to remove publications that had been made on his social networks about the political project of the Democratic Alliance (AD) and on the municipality’s social networks about measures in the area of ​​housing.

From the municipality’s perspective, the posters in question are “an act of accountability, transparency and information towards citizens, in a fundamental and admittedly difficult area such as access to housing in the city of Lisbon”, considering that it is not covered due to the prohibition contained in the legislation regarding the carrying out of electoral campaigns.