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Constitutional Court (Portugal)

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Constitutional Court
Tribunal Constitucional
Ratton Palace inBairro Alto,Lisbon,
seat of the Constitutional Court
Map
Interactive map of Constitutional Court
Established1982
JurisdictionPortugal
LocationLisbon
Composition method10 justices elected by the Assembly of the Republic, 3 justices elected byco-option
Authorised byPortuguese Constitution
Appeals toNone
Judge term length9 years, with no possible reelection
Number of positions13 justices
Websitewww.tribunalconstitucional.pt
President of the Constitutional Court
CurrentlyJosé João Abrantes
Since26 April 2023
Coat of arms of Portugal
Constitution

TheConstitutional Court (Portuguese:Tribunal Constitucional,pronounced[tɾiβuˈnalkõʃtitusiuˈnal]) is thesupremeconstitutional court ofPortugal.[1] It is defined by thePortuguese Constitution as part of the judicial branch of thePortuguese 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 isto review theconstitutionality of the newly approved laws, but it also has important powers related to thepresident of the republic, thepolitical 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 inLisbon, in theRatton Palace located inBairro Alto.

Organization

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The court is composed by thirteen justices, ten of whom are elected by theAssembly 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.

Thepresident of the Constitutional Court (together with thepresident of the Supreme Court) is the fourth person in the Portuguese state hierarchy (after thepresident of the republic, thepresident of the Assembly of the Republic, and theprime 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 (as of 2023[update]) isJosé João Abrantes.[2]

Competences

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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 dissolvefascist parties and organizations;
  • Assure the legality of the national and localreferendums.

See also

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References

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  1. ^Joaquim de Sousa Ribeiro and Esperança Mealha."Constitutional Courts as "Positive Legislators""(PDF).Constitutional Court (Portugal). Archived fromthe original(PDF) on 3 April 2025.
  2. ^"Declaração n.º 2-B/2023"(PDF). Imprensa Nacional-Casa da Moeda, S.A. - Diário da República n.º 82/2023, Série I, 1.º Suplemento, de 27 de abril. Retrieved16 September 2023.

External links

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