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Constitutional Court (Portugal)

Field	Value
court_name	Constitutional Court
native_name	Tribunal Constitucional
image	Tribunal Constitucional.svg
imagesize	175px
image2	Palácio Ratton.png
caption2	Ratton Palace in Bairro Alto, Lisbon,
seat of the Constitutional Court
established	1982
jurisdiction	Portugal
location	Lisbon
type	10 justices elected by the Assembly of the Republic, 3 justices elected by co-option
authority	Portuguese Constitution
terms	9 years, with no possible reelection
positions	13 justices
appealsto	None
website
chiefjudgetitle	President of the Constitutional Court
chiefjudgename	José João Abrantes
termstart	26 April 2023

seat of the Constitutional Court

The Constitutional Court (, ) is the supreme constitutional court of Portugal. It is defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition, and unique competences. The main task of the court is to review the constitutionality of the newly approved laws, but it also has important powers related to the president of the republic, the political parties, and referendums.

The Portuguese Constitution defines the Constitutional Court as a completely independent organ that operates independently from the other branches of government, such as the executive or the legislative. The justices of the Constitutional Court are independent and cannot be impeached. The decisions of the court are above the decisions of any other authority.

The court convenes in Lisbon, in the Ratton Palace located in Bairro Alto.

Organization

The court is composed by thirteen justices, ten of whom are elected by the Assembly of the Republic, the main legislative branch of the country, and they must be elected by two thirds majority of the members of the Assembly. The remaining three are elected by the already elected justices. Of the thirteen justices, six must be chosen among the general court's judges, the remaining must have at least a degree in law. The justices serve a nine-year mandate and cannot be re-elected.

The Constitutional Court elects its own president and vice-president and approves its own rules, schedule and budget.

The president of the Constitutional Court (together with the president of the Supreme Court) is the fourth person in the Portuguese state hierarchy (after the president of the republic, the president of the Assembly of the Republic, and the prime minister, in that order) and has several competences, such as conducting the relations between the court and the other authorities, receiving the candidatures for president of the republic and presiding the court's sessions. The current president () is José João Abrantes.

Competences

The Constitutional Court has several competences, defined in the Constitution, such as:

Assure that the Constitution and regional autonomies are respected;
Review and assure the constitutionality of the laws;
Declare the president's death or inability to carry out his tasks;
Manage the electoral processes;
Assure that political parties fulfil the legal requirements to exist;
Prohibit and dissolve fascist parties and organizations;
Assure the legality of the national and local referendums.

References

Joaquim de Sousa Ribeiro and Esperança Mealha. "Constitutional Courts as "Positive Legislators"".
"Declaração n.º 2-B/2023". Imprensa Nacional-Casa da Moeda, S.A. - Diário da República n.º 82/2023, Série I, 1.º Suplemento, de 27 de abril.

Info: Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

law-of-portugal politics-of-portugal constitutional-courts judiciary-of-portugal 1982-establishments-in-portugal courts-and-tribunals-established-in-1982

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