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1. Within at most forty-eight hours, all detentions shall be submitted to judicial scrutiny

with a view to either the detainee’s release or the imposition of an appropriate coercive

measure. The judge shall become acquainted with the reasons for the detention and shall

inform the detainee thereof, question him and give him the opportunity to present a

defence.

2. Remand in custody shall be exceptional in nature and shall not be ordered or

maintained whenever it is possible to grant bail or apply another, more favourable

measure provided for by law.

3. Notification of any court order that institutes or maintains a measure entailing the

deprivation of freedom shall immediately be given to such relative or other person of

trust as the detainee may nominate.

4. Remand in custody shall be subject to the time limits laid down by law.

Article 29

(Application of criminal law)

1. No one shall be sentenced under the criminal law unless the action or omission in

question is punishable under the terms of a pre-existing law, nor shall any person be the

object of a security measure unless the prerequisites therefore are laid down by a pre-

existing law.

2. The provisions of the previous paragraph shall not preclude the punishment up to the

limits laid down by internal Portuguese law of an action or omission which was deemed

criminal under the general principles of commonly recognised international law at the

moment of its commission.

3. No sentence or security measure shall be applied unless it is expressly sanctioned in a

pre-existing law.

4. No one shall be the object of a sentence or security measure that is more severe than

those provided for at the moment of the conduct in question, or at that at which the

prerequisites for the application of such a measure were fulfilled. However, criminal

laws the content of which is more favourable to the defendant shall be applied

retroactively.

5. No one shall be tried more than once for the same crime.

6. Citizens who are unjustly convicted shall possess the right to the review of their

sentences and to compensation for such damages as they have suffered, as laid down by

law.

Article 30

(Limits on sentences and security measures)

1. No sentence or security measure that deprives or restricts freedom shall be perpetual

in nature or possess an unlimited or undefined duration.

2. In cases of danger based on serious psychic abnormality in which therapy in an open

environment is impossible, security measures that deprive or restrict freedom may be

successively extended for such time as the psychic state in question is maintained, but

always by means of a judicial ruling.

3. Criminal liability shall not be transferable.

4. No sentence shall automatically result in the loss of any civil, professional or political

right.

5. Convicted persons who are the object of a sentence or security measure that deprives

them of their freedom shall retain their fundamental rights, subject only to such

limitations as are inherent to their convictions and to the specific requirements imposed

by the execution of the respective sentences.

Article 31

(Habeas corpus)

1. Habeas corpus shall be available to counter the misuse of power in the form of illegal

arrest, imprisonment or detention. Application for it shall be made to the competent

court.

2. Application for a habeas corpus order may be made by the person so arrested,

imprisoned or detained, or by any citizen exercising his political rights.

3. Within eight days of an application for habeas corpus the judge shall rule thereon in a

hearing that shall be subject to pleading and counter-pleading.

Article 32

(Safeguards in criminal proceedings)

1. Criminal proceedings shall ensure all necessary safeguards for the defence, including

the right to appeal.

2. Every defendant shall be presumed innocent until his sentence has transited in rem

judicatam, and shall be brought to trial as quickly as is compatible with the safeguards

of the defence.

3. Defendants shall possess the right to choose counsel and to be assisted by him in

relation to every procedural act. The law shall specify those cases and phases of

proceedings in which the assistance of a lawyer shall be mandatory.

4. Preliminary investigations shall be conducted entirely under the responsibility of a

judge, who may, subject to the terms of the law, delegate the practise of such

investigative acts as do not directly concern fundamental rights to other persons or

bodies.

5. Criminal proceedings shall posses an accusatorial structure, and trial hearings and

such preliminary investigative acts as the law may require shall be subject to the

principle of pleading and counter-pleading.

6. The law shall define the cases in which, subject to the safeguarding of the rights of

the defence, the presence of the defendant or the accused at procedural acts, including

trial hearings, may be dispensed with.

7. Victims shall possess the right to take part in proceedings, as laid down by law.

8. All evidence obtained by torture, coercion, infringement of personal physical or

moral integrity, improper intromission into personal life, the home, correspondence or

telecommunications shall be deemed null and void.

9. No case shall be withdrawn from a court that already had jurisdiction under an earlier

law.

10. Defendants in proceedings concerning administrative offences or in any proceedings

in which penalties may be imposed shall possess the right to be heard and to a defence.

Article 33

(Deportation, extradition and right of asylum)

1. Portuguese citizens shall not be deported from Portuguese territory.

2. Deportation of anyone who properly entered or is properly present in Portuguese

territory, has been granted a residence permit, or has submitted a request for asylum that

has not been refused may only be ordered by a judicial authority. The law shall ensure

expedite forms of ruling in such cases.

3. The extradition of Portuguese citizens from Portuguese territory shall only be

permissible where an international agreement has established reciprocal extradition

arrangements, or in cases of terrorism or international organised crime, and on condition

that the applicant state’s legal system enshrines guarantees of a just and fair trial.

4. Extradition for crimes that are punishable under the applicant state’s law by a

sentence or security measure which deprives or restricts freedom in perpetuity or for an

undefined duration, shall only be permissible in the event that the applicant state is a

party to an international agreement in this domain to which Portugal is bound, and

offers guarantees that such a sentence or security measure will not be applied or

executed.

5. The provisions of the previous paragraphs shall not prejudice the application of such

rules governing judicial cooperation in the criminal field as may be laid down under the

aegis of the European Union.

6. No one shall be extradited or handed over under any circumstances for political

reasons, or for crimes which are punishable under the applicant state’s law by death or

by any other sentence that results in irreversible damage to a person’s physical integrity.

7. Extradition shall only be ordered by a judicial authority.

8. The right of asylum shall be guaranteed to foreigners and stateless persons who are

the object, or are under grave threat, of persecution as a result of their activities in

favour of democracy, social and national liberation, peace among peoples, freedom or

rights of the human person.

9. The law shall define the status of political refugee.

Article 34

(Inviolability of home and correspondence)

1. Personal homes and the secrecy of correspondence and other means of private

communication shall be inviolable.

2. Entry into a citizen’s home may only be ordered by the competent judicial authority

and then only in such cases and in compliance with such forms as may be laid down by

law.

3. No one shall enter any person’s home at night without his consent, save in situations

of flagrante delicto, or with judicial authorisation in cases of especially violent or highly

organised crime, including terrorism and trafficking in persons, arms or narcotics, as

laid down by law.

4. The public authorities shall be prohibited from interfering in any way with

correspondence, telecommunications or other means of communication, save in such

cases as the law may provide for in relation to criminal proceedings.

Article 35

(Use of computers)

1. Every citizen shall possess the right to access to all computerised data that concern

him, to require that they be corrected and updated, and to be informed of the purpose for

which they are intended, all as laid down by law.

2. The law shall define the concept of personal data, together with the terms and

conditions applicable to its automatised treatment and its linkage, transmission and use,

and shall guarantee its protection, particularly by means of an independent

administrative body.

3. Computers shall not be used to treat data concerning philosophical or political

convictions, party or trade union affiliations, religious beliefs, private life or ethnic

origins, save with the express consent of the datasubject, with authorisation provided for

by law and with guarantees of non-discrimination, or for the purpose of processing

statistical data that cannot be individually identified.

4. Third-party access to personal data shall be prohibited, save in exceptional cases

provided for by law.

5. The allocation of a single national number to any citizen shall be prohibited.

6. Everyone shall be guaranteed free access to public-use computer networks, and the

law shall define both the rules that shall apply to cross-border data flows and the

appropriate means for protecting personal data and such other data as may justifiably be

safeguarded in the national interest.

7. Personal data contained in manual files shall enjoy the same protection as that

provided for in the previous paragraphs, as laid down by law.

Article 36

(Family, marriage and filiation)

1. Everyone shall possess the right to found a family and to marry on terms of full

equality.

2. The law shall regulate the requirements for and the effects of marriage and its

dissolution by death or divorce, regardless of the form in which it was entered into.

3. Spouses shall possess equal rights and duties in relation to their civil and political

capacity and to the maintenance and education of their children.

4. Children born outside wedlock shall not be the object of any discrimination for that

reason, and neither the law, nor official departments or services may employ

discriminatory terms in relation to their filiation.

5. Parents shall possess the right and the duty to educate and maintain their children.

6. Children shall not be separated from their parents, save when the latter do not fulfil

their fundamental duties towards them, and then always by judicial order.

7. Adoption shall be regulated and protected by law, which shall lay down swift forms

of completion of the necessary requirements.

Article 37

(Freedom of expression and information)

1. Everyone shall possess the right to freely express and publicise his thoughts in

words, images or by any other means, as well as the right to inform others, inform

himself and be informed without hindrance or discrimination.

2. Exercise of the said rights shall not be hindered or limited by any type or form of

censorship.

3. Infractions committed in the exercise of the said rights shall be subject to the general

principles of the criminal law or the law governing administrative offences, and shall be

brought before the courts of law or an independent administrative body respectively, as

laid down by law.

4. Every person and body corporate shall be equally and effectively guaranteed the right

of reply and to make corrections, as well as the right to compensation for damages

suffered.

Article 38

(Freedom of the press and the media)

1. The freedom of the press shall be guaranteed.

2. Freedom of the press shall mean:

a) Journalists and other staff’s freedom of expression and creativity, as well as

journalists’ freedom to take part in determining the editorial policy of the media body in

question, save when it is doctrinal or denominational in nature;

b) Journalists’ right, as laid down by law, to gain access to sources of information and

to the protection of professional independence and secrecy, as well as their right to elect

editorial boards;

c) The right to found newspapers and any other publications, regardless of any prior

administrative authorisation, bond or qualification.

3. In generic terms, the law shall ensure that the names of the owners of media bodies

and the means by which those bodies are financed are publicised.

4. The state shall ensure the media’s freedom and independence from political power

and economic power by imposing the principle of specialisation on businesses that own

general information media, treating and supporting them in a non-discriminatory

manner and preventing their concentration, particularly by means of multiple or

interlocking interests.

5. The state shall ensure the existence and operation of a public radio and television

service.

6. The structure and operation of public sector media shall safeguard their independence

from the Government, the Public Administration and the other public authorities, and

shall ensure that all the different currents of opinion are able to express themselves and

to confront one another.

7. Radio and television broadcasting stations shall only operate with licenses that are

granted under public calls for tender, as laid down by law.

Article 39

(Regulation of the media)

1. An independent administrative body shall be responsible for ensuring the following

in the media:

a) The right to information and the freedom of the press;

b) The non-concentration of ownership of the media;

c) Independence from political power and economic power;

d) Respect for personal rights, freedoms and guarantees;

e) Respect for the statutes and rules that regulate the work of the media;

f) That all different currents of opinion are able to express themselves and confront one

another;

g) Exercise of the rights to broadcasting time, of reply and of political response.

2. The law shall define the composition, responsibilities, organisation and modus

operandi of the body referred to in the previous paragraph, together with the status and

role of its members, who shall be appointed by the Assembly of the Republic and co-

opted by those so appointed.

Article 40

(Right to broadcasting time, of reply and of political response)

1. Political parties, trade unions, professional and business organisations and other

organisations with a national scope shall, in accordance with their size and

representativity and with objective criteria that shall be defined by law, possess the right

to broadcasting time on the public radio and television service.

2. Political parties that hold one or more seats in the Assembly of the Republic and do

not form part of the Government shall, as laid down by law, possess the right to

broadcasting time on the public radio and television service, which shall be apportioned

in accordance with each party’s proportional share of the seats in the Assembly, as well

as to reply or respond politically to the Government’s political statements. Such times

shall be of the same duration and prominence as those given over to the Government’s

broadcasts and statements. Parties with seats in the Legislative Assemblies of the

autonomous regions shall enjoy the same rights within the ambit of the region in

question.

3. During elections and as laid down by law, candidates shall possess the right to regular

and equitable broadcasting time on radio and television stations with a national or

regional scope.

Article 41

(Freedom of conscience, religion and worship)

1. Freedom of conscience, religion and worship shall be inviolable.

2. No one shall be persecuted, deprived of rights or exempted from civic obligations or

duties because of his convictions or religious observance.

3. No authority shall question anyone in relation to his convictions or religious

observance, save in order to gather statistical data that cannot be individually identified,

nor shall anyone be prejudiced in any way for refusing to answer.

4. Churches and other religious communities shall be separate from the state and free to

organise themselves and to perform their ceremonies and their worship.

5. Freedom to teach any religion within the denomination in question and to use

appropriate media for the pursuit of its activities shall be guaranteed.

6. The right to be a conscientious objector, as laid down by law, shall be guaranteed.

Article 42

(Freedom of cultural creation)

1. Intellectual, artistic and scientific creation shall not be restricted.

2. This freedom shall comprise the right to invent, produce and publicise scientific,

literary and artistic works and shall include the protection of copyright by law.

Article 43

(Freedom to learn and to teach)

1. The freedom to learn and to teach shall be guaranteed.

2. The state shall not lay down educational and cultural programmes in accordance with

any philosophical, aesthetic, political, ideological or religious directives.

3. Public education shall not be denominational.

4. The right to create private and cooperative schools shall be guaranteed.

Article 44

(Right to travel and to emigrate)

1. Every citizen shall be guaranteed the right to travel and settle freely anywhere in

Portuguese territory.

2. Every citizen shall be guaranteed the right to emigrate or to leave Portuguese territory

and the right to return thereto.

Article 45

(Right to meet and to demonstrate)

1. Citizens shall possess the right to meet peacefully and without arms, even in places

that are open to the public, without the need for any authorisation.

2. The right of every citizen to demonstrate shall be recognised.

Article 46

(Freedom of association)

1. Citizens shall possess the right to freely associate with one another without requiring

any authorisation, on condition that such associations are not intended to promote

violence and their purposes are not contrary to the criminal law.

2. Associations shall pursue their purposes freely and without interference from the

public authorities and shall not be dissolved by the state or have their activities

suspended, except in such cases as the law may provide for and then only by judicial

order.

3. No one shall be obliged to belong to an association, or be coerced to remain therein

by any means.

4. Armed associations, military, militarised or paramilitary-type associations and

organisations that are racist or display a fascist ideology shall not be permitted.

Article 47

(Freedom to choose a profession and to join the Public Administration)

1. Everyone shall possess the right to freely choose a profession or type of work, subject

only to such restrictions as the law may impose in the collective interest, or as are

inherent to his own capabilities.

2. Every citizen shall possess the equal and free right to apply to join the Public

Administration, as a general rule by means of a competitive recruitment process.

CHAPTER II

Rights, freedoms and guarantees concerning participation in politics

Article 48

(Participation in public life)

1. Every citizen shall possess the right to take part in political life and the direction of

the country’s public affairs, either directly or via freely elected representatives.

2. Every citizen shall possess the right to be given objective clarifications about the

actions of the state and of other public bodies and to be informed by the Government

and other authorities about the management of public affairs.

Article 49

(Right to vote)

1. Every citizen who has attained the age of eighteen years shall possess the right to

vote, save such incapacities as may be provided for in the general law.

2. The right to vote shall be exercised personally and shall constitute a civic duty.

Article 50

(Right to stand for public office)

1. Every citizen shall possess the free and equal right to stand for any public office.

2. No one shall be prejudiced in his appointments, job or professional career or the

social benefits to which he is entitled, due to the exercise of political rights or the

holding of public office.

3. In governing the right to stand for elected office, the law shall only determine such

ineligibilities as are needed to guarantee both the electors’ freedom of choice, and

independence and absence of bias in the exercise of the offices in question.

Article 51

(Political associations and parties)

1. Freedom of association shall include the right to form or take part in political

associations and parties and through them to work jointly and democratically towards

the formation of the popular will and the organisation of political power.

2. No one shall be simultaneously registered as a member of more than one political

party, and no one shall be deprived of the exercise of any right because he is or ceases

to be registered as a member of any legally constituted party.

3. Without prejudice to the philosophy or ideology that underlies their manifestoes,

political parties shall not employ names that contain expressions which are directly

related to any religion or church, or emblems that can be confused with national or

religious symbols.

4. No party shall be formed with a name or manifesto that possesses a regional nature or

scope.

5. Political parties shall be governed by the principles of transparency, democratic

organisation and management, and participation by all their members.

6. The law shall lay down the rules governing the financing of political parties,

particularly as regards the requirements for and limits on public funding, as well as the

requirements to publicise their assets and accounts.

Article 52

(Right to petition and right to popular action)

1. Every citizen shall possess the right to individually, or jointly with others, submit

petitions, representations, claims or complaints in defence of their rights, this

Constitution, the laws or the general interest to bodies that exercise sovereign power,

the autonomous regions’ self-government bodies or any authority, as well as the right to

be informed of the result of the consideration thereof within a reasonable period of time.

2. The law shall lay down the terms under which joint petitions to the Assembly of the

Republic and the Legislative Assemblies of the autonomous regions are considered in

plenary sitting.

3. Everyone shall be granted the right of actio popularis, to include the right to apply for

the appropriate compensation for an aggrieved party or parties, in such cases and under

such terms as the law may determine, either personally or via associations that purport

to defend the interests in question. The said right shall particularly be exercised in order

to:

a) Promote the prevention, cessation or judicial prosecution of offences against public

health, consumer rights, the quality of life or the preservation of the environment and

the cultural heritage;

b) Safeguard the property of the state, the autonomous regions and local authorities.

CHAPTER III

Workers’ rights, freedoms and guarantees

Article 53

(Job security)

Workers shall be guaranteed job security, and dismissal without fair cause or for

political or ideological reasons shall be prohibited.

Article 54

(Workers’ committees)

1. Workers shall possess the right to form workers’ committees to defend their interests

and democratically intervene in company life.

2. Decisions to form workers’ committees shall be taken by the workers in question,

who shall approve the committees’ by-laws and shall elect their members by direct,

secret ballot.

3. Coordinating committees may be created with a view to improving intervention in

economic restructuring and to guaranteeing workers’ interests.

4. Committee members shall enjoy the legal protection accorded to trade union

delegates.

5. Workers’ committees shall possess the right:

a) To receive all the information needed to perform their tasks;

b) To monitor the management of businesses;

c) To participate in corporate restructuring processes, especially in relation to training

actions or when working conditions are altered;

d) To take part in drawing up labour legislation and economic and social plans that

address their sector;

e) To manage, or participate in the management of, businesses’ social activities;

f) To promote the election of workers’ representatives to the management bodies of

businesses that belong to the state or other public bodies, as laid down by law.

Article 55

(Freedoms concerning trade unions)

1. Workers shall be free to form and operate trade unions as a condition and guarantee

of the building of their unity in defence of their rights and interests.

2. In exercising their freedom to form and operate trade unions, workers shall

particularly be guaranteed the following, without any discrimination:

a) Freedom to form trade unions at every level;

b) Freedom of membership. No worker shall be obliged to pay dues to a union to which

he does not belong;

c) Freedom to determine the organisation and internal regulations of trade unions;

d) The right to engage in trade union activities in businesses;

e) The right to political views, in the forms laid down in the respective by-laws.

3. Trade unions shall be governed by the principles of democratic organisation and

management, to be based on periodic elections of their managing bodies by secret

ballot, without the need for any authorisation or homologation, and shall be founded on

active worker participation in every aspect of trade union activity.

4. Trade unions shall be independent of employers, the state, religious denominations,

and parties and other political associations, and the law shall lay down such guarantees

as may be appropriate to that independence, which is fundamental to the unity of the

working classes.

5. Trade unions shall possess the right to establish relations with or join international

trade union organisations.

6. Workers’ elected representatives shall enjoy the right to be informed and consulted,

as well as to adequate legal protection against any form of subjection to conditions,

constraints or limitations in the legitimate exercise of their functions.

Article 56

(Trade union rights and collective agreements)

1. Trade unions shall be responsible for defending and promoting the defence of the

rights and interests of the workers they represent.

2. Trade unions shall possess the right:

a) To take part in drawing up labour legislation;

b) To take part in the management of social security institutions and other organisations

that seek to fulfil workers’ interests;

c) To give their opinion on economic and social plans and supervise their

implementation;

d) To be represented on social conciliation bodies, as laid down by law;

e) To take part in corporate restructuring processes, especially in relation to training

actions or when working conditions are altered.

3. Trade unions shall be responsible for the exercise of the right to enter into collective

agreements, which shall be guaranteed as laid down by law.

4. The law shall lay down the rules governing the legitimacy to enter into collective

labour agreements and the validity of their provisions.

Article 57

(Right to strike and prohibition of lock-outs)

1. The right to strike shall be guaranteed.

2. Workers shall be responsible for defining the scope of the interests that are to be

defended by a strike and the law shall not limit that scope.

3. The law shall define the conditions under which such services as are needed to ensure

the safety and maintenance of equipment and facilities and such minimum services as

are indispensable to the fulfilment of essential social needs are provided during strikes.

4. Lock-outs shall be prohibited.

TITLE III

Economic, social and cultural rights and duties

CHAPTER I

Economic rights and duties

Article 58

(Right to work)

1. Everyone shall possess the right to work.

2. In order to ensure the right to work, the state shall be charged with promoting:

a) The implementation of full-employment policies;

b) Equal opportunities in the choice of profession or type of work, and the conditions

needed to avoid the gender-based preclusion or limitation of access to any position,

work or professional category;

c) Cultural and technical training and vocational development for workers.

Article 59

(Workers’ rights)

1. Regardless of age, sex, race, citizenship, place of origin, religion and political and

ideological convictions, every worker shall possess the right:

a) To the remuneration of his work in accordance with its volume, nature and quality,

with respect for the principle of equal pay for equal work and in such a way as to

guarantee a proper living;

b) That work be organised in keeping with social dignity and in such a way as to

provide personal fulfilment and to make it possible to reconcile professional and family

life;

c) To work in conditions that are hygienic, safe and healthy;

d) To rest and leisure time, a maximum limit on the working day, a weekly rest period

and periodic paid holidays;

e) To material assistance when he involuntarily finds himself unemployed;

f) To assistance and fair reparation when he is the victim of a work-related accident or

occupational illness.

2. The state shall be charged with ensuring the working, remuneratory and rest-related

conditions to which workers are entitled, particularly by:

a) Setting and updating a national minimum wage which, among other factors, shall

have particular regard to workers’ needs, increases in the cost of living, the level to

which the sectors of production have developed, the requirements imposed by economic

and financial stability, and the accumulation of capital for development purposes;

b) Setting national limits on working hours;

c) Ensuring special work-related protection for women during pregnancy and following

childbirth, as well as for minors, the disabled and those whose occupations are

particularly strenuous or take place in unhealthy, toxic or dangerous conditions;

d) In cooperation with social organisations, ensuring the systematic development of a

network of rest and holiday centres;

e) Protecting emigrant workers’ working conditions and guaranteeing their social

benefits;

f) Protecting student workers’ working conditions.

3. Salaries shall enjoy special guarantees, as laid down by law.

Article 60

(Consumer rights)

1. Consumers shall possess the right to the good quality of the goods and services

consumed, to training and information, to the protection of health, safety and their

economic interests, and to reparation for damages.

2. Advertising shall be regulated by law and all forms of concealed, indirect or

fraudulent advertising shall be prohibited.

3. Consumers’ associations and consumer cooperatives shall possess the right, as laid

down by law, to receive support from the state and to be heard in relation to consumer-

protection issues, and shall possess legitimatio ad causam in defence of their members

or of any collective or general interests.

Article 61

(Private enterprise, cooperatives and worker management)

1. Private economic enterprise shall be undertaken freely within the overall frameworks

laid down by this Constitution and the law and with regard for the general interest.

2. Everyone shall possess the right to freely form cooperatives, subject to compliance

with cooperative principles.

3. Cooperatives shall pursue their activities freely within the overall framework laid

down by law and may group themselves together in unions, federations and

confederations and other forms of organisation provided for by law.

4. The law shall lay down the specific organisational requirements for cooperatives in

which the state or any public body possesses an interest.

5. There shall be the right to worker management, as laid down by law.

Article 62

(Right to private property)

1. Everyone shall be guaranteed the right to private property and to the transmission

thereof in life or upon death, as laid down by this Constitution.

2. Requisitions and expropriations in the public interest shall only occur on a legal basis

and upon payment of just compensation.

CHAPTER II

Social rights and duties

Article 63

(Social security and solidarity)

1. Everyone shall have the right to social security.

2. The state shall be charged with organising, coordinating and subsidising a unified and

decentralised social security system, with the participation of the trade unions, other

organisations that represent workers and associations that represent any other

beneficiaries.

3. The social security system shall protect citizens in illness and old age and when they

are disabled, widowed or orphaned, as well as when they are unemployed or in any

other situation that entails a lack of or reduction in means of subsistence or ability to

work.

4. All periods of work shall, as laid down by law, contribute to the calculation of old

age and disability pensions, regardless of the sector of activity in which they were

performed.

5. With a view to the pursuit of the social solidarity objectives that are particularly

enshrined in this Article and in Articles 67(2)b, 69, 70(1)e, 71 and 72, the state shall, as

laid down by law, support and inspect the activities and operation of private charitable

institutions and other non-profit institutions that are recognised to be in the public

interest.

Article 64

(Health)

1. Everyone shall possess the right to health protection and the duty to defend and

promote health.

2. The right to health protection shall be fulfilled:

a) By means of a national health service that shall be universal and general and, with

particular regard to the economic and social conditions of the citizens who use it, shall

tend to be free of charge;

b) By creating economic, social, cultural and environmental conditions that particularly

guarantee the protection of childhood, youth and old age; by systematically improving

living and working conditions and also promoting physical fitness and sport at school

and among the people; and by developing both the people’s health and hygiene

education and healthy living practises.

3. In order to ensure enjoyment of the right to the protection of health, the state shall be

under a primary duty:

a) To guarantee access by every citizen, regardless of his economic situation, to

preventive, curative and rehabilitative medical care;

b) To guarantee a rational and efficient nationwide coverage in terms of healthcare units

and human resources;

c) To work towards the public funding of the costs of medical care and medicines;

d) To regulate and inspect corporate and private forms of medicine and articulate them

with the national health service, in such a way as to ensure adequate standards of

efficiency and quality in both public and private healthcare institutions;

e) To regulate and control the production, distribution, marketing, sale and use of

chemical, biological and pharmaceutical products and other means of treatment and

diagnosis;

f) To establish policies for the prevention and treatment of drug abuse.

4. The national health service shall possess a decentralised and participatory

management system.

Article 65

(Housing and urban planning)

1. Everyone shall possess the right for themselves and their family to have an

adequately sized dwelling that provides them with hygienic and comfortable conditions

and preserves personal and family privacy.

2. In order to ensure enjoyment of the right to housing, the state shall be charged with:

a) Planning and implementing a housing policy that is embodied in general town and

country planning documents and supported by urban planning documents that guarantee

the existence of an adequate network of transport and social facilities;

b) In cooperation with the autonomous regions and local authorities, promoting the

construction of low-cost and social housing;

c) Stimulating private construction, subject to the general interest, and access to owned

or rented housing;

d) Encouraging and supporting local community initiatives that work towards the

resolution of their housing problems and foster the formation of housing and self-

building cooperatives.

3. The state shall undertake a policy that works towards the establishment of a rental

system which is compatible with family incomes and access to individual housing.

4. The state, the autonomous regions and local authorities shall lay down the rules

governing the occupancy, use and transformation of urban land, particularly by means

of planning instruments and within the overall framework of the laws concerning town

and country planning and urban planning, and shall expropriate such land as may be

necessary to the fulfilment of the purposes of public-use urban planning.

5. Interested parties shall be entitled to participate in the drawing up of urban planning

instruments and any other physical town and country planning instruments.

Article 66

(Environment and quality of life)

1. Everyone shall possess the right to a healthy and ecologically balanced human living

environment and the duty to defend it.

2. In order to ensure enjoyment of the right to the environment within an overall

framework of sustainable development, acting via appropriate bodies and with the

involvement and participation of citizens, the state shall be charged with:

a) Preventing and controlling pollution and its effects and the harmful forms of erosion;

b) Conducting and promoting town and country planning with a view to a correct

location of activities, balanced social and economic development and the enhancement

of the landscape;

c) Creating and developing natural and recreational reserves and parks and classifying

and protecting landscapes and places, in such a way as to guarantee the conservation of

nature and the preservation of cultural values and assets that are of historic or artistic

interest;

d) Promoting the rational use of natural resources, while safeguarding their ability to

renew themselves and maintain ecological stability, with respect for the principle of

inter-generational solidarity;

e) Acting in cooperation with local authorities, promoting the environmental quality of

rural settlements and urban life, particularly on the architectural level and as regards the

protection of historic zones;

f) Promoting the integration of environmental objectives into the various policies of a

sectoral nature;

g) Promoting environmental education and respect for environmental values;

h) Ensuring that fiscal policy renders development compatible with the protection of the

environment and the quality of life.

Article 67

(Family)

1. As a fundamental element in society, the family shall possess the right to protection

by society and the state and to the effective implementation of all the conditions needed

to enable family members to achieve personal fulfilment.

2. In order to protect the family, the state shall particularly be charged with:

a) Promoting the social and economic independence of family units;

b) Promoting the creation of, and guaranteeing access to, a national network of crèches

and other social facilities designed to support the family, together with a policy for the

elderly;

c) Cooperating with parents in relation to their children’s education;

d) With respect for individual freedom, guaranteeing the right to family planning by

promoting the information and access to the methods and means required therefore, and

organising such legal and technical arrangements as are needed for motherhood and

fatherhood to be consciously planned;

e) Regulating assisted conception in such a way as to safeguard the dignity of the

human person;

f) Regulating taxes and social benefits in line with family costs;

g) After first consulting the associations that represent the family, drawing up and

implementing a global and integrated family policy;

h) By concerting the various sectoral policies, promoting the reconciliation of

professional and family life.

Article 68

(Fatherhood and motherhood)

1. In performing their irreplaceable role in relation to their children, particularly as

regards the children’s education, fathers and mothers shall possess the right to

protection by society and the state, together with the guarantee of their own professional

fulfilment and participation in civic life.

2. Motherhood and fatherhood shall constitute eminent social values.

3. Women shall possess the right to special protection during pregnancy and following

childbirth, and female workers shall also possess the right to an adequate period of leave

from work without loss of remuneration or any privileges.

4. The law shall regulate the grant to mothers and fathers of an adequate period of leave

from work, in accordance with the interests of the child and the needs of the family unit.

Article 69

(Childhood)

1. With a view to their integral development, children shall possess the right to

protection by society and the state, especially from all forms of abandonment,

discrimination and oppression and from the abusive exercise of authority in the family

or any other institution.

2. The state shall ensure special protection for children who are orphaned, abandoned or

deprived of a normal family environment in any way.

3. Labour by minors of school age shall be prohibited as laid down by law.

Article 70

(Youth)

1. In order to ensure the effective enjoyment of their economic, social and cultural

rights, young people shall receive special protection, particularly:

a) In education, vocational training and culture;

b) In access to their first job, at work and in relation to social security;

c) In access to housing;

d) In physical education and sport;

e) In the use of their free time.

2. The priority objectives of the youth policy shall be the development of young

people’s personality, the creation of the conditions needed for their effective integration

into the active life, a love of free creativity and a sense of community service.

3. Acting in cooperation with families, schools, businesses, residents’ organisations,

cultural associations and foundations and cultural and recreational groups, the state shall

foster and support youth organisations in the pursuit of the said objectives, as well as

international youth exchanges.

Article 71

(Disabled citizens)

1. Citizens with physical or mental disabilities shall fully enjoy the rights and shall be

subject to the duties enshrined in this Constitution, save the exercise or fulfilment of

those for which their condition renders them unfit.

2. The state shall undertake a national policy for the prevention of disability and the

treatment, rehabilitation and integration of disabled citizens and the provision of support

to their families, shall educate society and make it aware of the duties of respect and

solidarity towards such citizens, and shall ensure that they effectively enjoy their rights,

without prejudice to the rights and duties of their parents or guardians.

3. The state shall support disabled citizens’ organisations.

Article 72

(The elderly)

1. The elderly shall possess the right to economic security and to conditions in terms of

housing and family and community life that respect their personal autonomy and avoid

and overcome isolation or social marginalisation.

2. The policy for the elderly shall include measures of an economic, social and cultural

nature that tend to provide elderly people with opportunities for personal fulfilment by

means of an active participation in community life.

CHAPTER III

Cultural rights and duties

Article 73

(Education, culture and science)

1. Everyone shall possess the right to education and culture.

2. The state shall promote the democratisation of education and the other conditions

needed for an education conducted at school and via other means of training to

contribute to equal opportunities, the overcoming of economic, social and cultural

inequalities, the development of the personality and the spirit of tolerance, mutual

understanding, solidarity and responsibility, to social progress and to democratic

participation in public life.

3. Acting in cooperation with the media, cultural associations and foundations, cultural

and recreational groups, cultural heritage associations, residents’ associations and other

cultural agents, the state shall promote the democratisation of culture by encouraging

and ensuring access by all citizens to cultural enjoyment and creation.

4. The state shall stimulate and support scientific research and creation and

technological innovation, in such a way as to ensure their freedom and autonomy,

reinforce competitivity and ensure cooperation between scientific institutions and

businesses.

Article 74

(Education)

1. Everyone shall possess the right to education, and the right to equal opportunities and

to access to and success in schooling shall be guaranteed.

2. In implementing the education policy, the state shall be charged with:

a) Ensuring universal, compulsory and free basic education;

b) Creating a public, and developing the general, preschool system;

c) Guaranteeing permanent education and eliminating illiteracy;

d) In accordance with his capabilities, guaranteeing every citizen access to the highest

levels of education, scientific research and artistic creation;

e) Progressively making all levels of education free of charge;

f) Inserting schools into the communities they serve and establishing links between

education and economic, social and cultural activities;

g) Promoting and supporting disabled citizens’ access to education and supporting

special education when necessary;

h) Protecting and developing Portuguese sign language, as an expression of culture and

an instrument for access to education and equal opportunities;

i) Ensuring that emigrants’ children are taught the Portuguese language and enjoy

access to Portuguese culture;

j) Ensuring that immigrants’ children receive adequate support in order to enable them

to effectively enjoy the right to education.

Article 75

(Public, private and cooperative education)

1. The state shall create a network of public education establishments that covers the

needs of the whole population.

2. The state shall recognise and inspect private and cooperative education, as laid down

by law.

Article 76

(University and access to higher education)

1. The rules governing access to university and other higher education institutions shall

guarantee equal opportunities in and the democratisation of the education system, and

shall have due regard for the country’s needs for qualified staff and to raising its

educational, cultural and scientific level.

2. As laid down by law and without prejudice to an adequate assessment of the quality

of education, universities shall autonomously draw up their own by-laws and shall enjoy

scientific, pedagogical, administrative and financial autonomy.

Article 77

(Democratic participation in education)

1. Teachers and students shall possess the right to take part in the democratic

management of schools, as laid down by law.

2. The law shall regulate the forms in which teachers’, students’ and parents’

associations, communities and scientific institutions participate in drawing up the

education policy.

Article 78

(Cultural enjoyment and creation)

1. Everyone shall possess the right to cultural enjoyment and creation, together with the

duty to preserve, defend and enhance the cultural heritage.

2. Acting in cooperation with all cultural agents, the state shall be charged with:

a) Encouraging and ensuring access by all citizens to the means and instruments

required for cultural activities, and correcting the country’s existing asymmetries in this

respect;

b) Supporting initiatives that stimulate individual and joint creation in all its many

forms and expressions, and that stimulate more travel by high quality cultural works and

items;

c) Promoting the safeguarding and enhancement of the cultural heritage and making it

an element that inspires a common cultural identity;

d) Developing cultural relations with all peoples, especially those that speak Portuguese,

and ensuring the defence and promotion of Portuguese culture abroad;

e) Coordinating the cultural policy with the other sectoral policies.

Article 79

(Physical education and sport)

1. Everyone shall possess the right to physical education and sport.

2. Acting in cooperation with schools and sporting associations and groups, the state

shall be charged with promoting, stimulating, guiding and supporting the practise and

dissemination of physical education and sport, and preventing violence in sport.

PART II

Organisation of the economy

TITLE I

General principles

Article 80

(Fundamental principles)

Society and the economy shall be organised on the basis of the following principles:

a) Economic power shall be subordinated to democratic political power;

b) The public, private and cooperative and social sectors shall coexist in the ownership

of the means of production;

c) Within the overall framework of a mixed economy, there shall be freedom of

business initiative and organisation;

d) When so required by the public interest, natural resources and the means of

production shall be publicly owned;

e) Economic and social development shall be democratically planned;

f) The cooperative and social sector shall enjoy protection in relation to the ownership

of the means of production;

g) Organisations that represent workers and organisations that represent businesses shall

participate in the definition of the main economic and social measures.

Article 81

(Primary duties of the state)

In the economic and social field the state shall be under a primary duty:

a) Within the overall framework of a sustainable development strategy, to promote an

increase in people’s social and economic well-being and quality of life, especially those

of the most disadvantaged persons;

b) To promote social justice, ensure equal opportunity and carry out the necessary

corrections to inequalities in the distribution of wealth and income, particularly by

means of the fiscal policy;

c) To ensure the full use of the forces of production, particularly by making every effort

to ensure the efficiency of the public sector;

d) To promote the economic and social cohesion of the whole country by guiding

development in the direction of a balanced growth in every sector and region and

progressively eliminating the economic and social differences between towns and the

country and between the coastal strip and the inland areas;

e) To promote the correction of the inequalities derived from the autonomous regions’

insular nature and encourage the said regions’ progressive integration into broader

economic areas with a national or international scope;

f) To ensure the efficient operation of the markets, in such a way as to guarantee a

balanced competition between businesses, counter monopolistic forms of organisation

and repress abuses of dominant positions and other practises that are harmful to the

general interest;

g) To develop economic relations with all peoples, while always safeguarding national

independence and the interests of both the Portuguese people and the country’s

economy;

h) To eliminate very large estates and restructure small farms;

i) To guarantee consumer rights and interests;

j) To create the legal and technical instruments needed to democratically plan economic

and social development;

l) To ensure the existence of a science and technology policy that favours the country’s

development;

m) To adopt a national energy policy that preserves natural resources and the ecological

balance, while promoting international cooperation in this domain;

n) To adopt a national water policy that uses, plans and rationally manages water

resources.

Article 82

(Sectors of ownership of the means of production)

1. The coexistence of three sectors of ownership of the means of production shall be

guaranteed.

2. The public sector shall comprise such means of production as should rightly belong

to and be managed by the state or other public bodies.

3. Without prejudice to the provisions of the following paragraph, the private sector

shall comprise such means of production as should rightly belong to or be managed by

private individuals or private groups.

4. The cooperative sector shall specifically comprise:

a) Means of production that cooperatives possess and manage in accordance with

cooperative principles, without prejudice to such specific provisions as the law may lay

down for cooperatives in which the public sector holds a stake and are justified by the

special nature thereof;

b) Community means of production possessed and managed by local communities;

c) Means of production operated by worker collectives;

d) Means of production possessed and managed by non-profit bodies corporate, the

primary objective of which is charitable, particularly bodies of a mutualist nature.

Article 83

(Requirements for compulsory purchase)

The law shall lay down the means and forms of intervention in relation to, and for the

public compulsory purchase of, means of production, together with the criteria for

setting the applicable compensation.

Article 84

(Public domain)

1. The following shall belong to the public domain:

a) Territorial waters, together with their beds and the adjacent seabed, and such lakes,

lagoons and watercourses as are suitable for navigation or flotation, together with their

beds;

b) Airspace over Portuguese territory, above the recognised limit for proprietary or

surface rights;

c) Mineral deposits, mineral and medicinal water sources and natural subterranean

cavities below the ground, save such rocks, ordinary earth and other materials as may

habitually be used for construction;

d) Roads;

e) National railway lines;

f) Such other property as may be classified as such by law.

2. The law shall define what property forms part of the public state domain, the public

domain of the autonomous regions and the public domain of local authorities, as well as

the rules, terms and conditions of use and limits governing it.

Article 85

(Cooperatives and worker-management experiments)

1. The state shall stimulate and support the creation and activities of cooperatives.

2. The law shall define the fiscal and financial benefits to be enjoyed by cooperatives, as

well as preferential terms and conditions for obtaining credit and technical assistance.

3. The state shall support such worker-management experiments as are viable.

Article 86

(Private businesses)

1. The state shall encourage business activity, particularly that of small and medium-

sized enterprises, and shall inspect fulfilment of the respective legal obligations,

especially by businesses that engage in activities that are of general interest to the

economy.

2. The state shall only intervene in the management of private businesses on a

transitional basis, in cases that are expressly provided for by law and, as a general rule,

subject to prior judicial ruling.

3. The law may define basic sectors in which private businesses and other bodies of a

similar nature are forbidden to act.

Article 87

(Foreign economic activity and investment)

The law shall regulate economic activity and investment by foreign private individuals

and bodies corporate, with the aim of ensuring that they contribute to the country’s

development and defending national independence and workers’ interests.

Article 88

(Abandoned means of production)

1. Abandoned means of production may be expropriated under terms and conditions to

be laid down by law, which shall pay due regard to the specific situation of the property

of emigrant workers.

2. Means of production that are abandoned without good reason may also be the object

of compulsory rental or operating concessions under terms to be laid down by law.

Article 89

(Worker participation in management)

The workers of units of production in the public sector shall be ensured an effective

participation in the said units’ management.

TITLE II

Plans

Article 90

(Objectives)

The objective of economic and social development plans shall be to promote economic

growth, the harmonious and integrated development of sectors and regions, the just

division of the national product between persons and between regions, the coordination

of economic policy with the social, education and cultural policies, the defence of the

rural world, the preservation of the ecological balance, the defence of the environment

and the quality of life of the Portuguese people.

Article 91

(Drawing up and implementation of plans)

1. National Plans shall be drawn up in accordance with the laws governing their Major

Options and may incorporate specific programmes with a geographic and sectoral

scope.

2. Government bills in relation to the Major Options shall be accompanied by reports

setting out the grounds therefore.

3. National Plans shall be implemented on a decentralised, regional and sectoral basis.

Article 92

(Economic and Social Council)

1. The Economic and Social Council shall be the body with responsibility for

consultation and concertation in the economic and social policy domain, shall take part

in drafting the Major Options and the economic and social development plans, and shall

exercise such other functions as may be allocated to it by law.

2. The law shall lay down the composition of the Economic and Social Council, which

shall particularly include representatives of the Government, the organisations that

represent workers, business activities and families, the autonomous regions and local

authorities.

3. The law shall also lay down the way in which the Economic and Social Council is

organised and operates, together with the status and role of its members.

TITLE III

Agricultural, commercial and industrial policies

Article 93

(Agricultural policy objectives)

1. The objectives of the agricultural policy shall be:

a) To increase agricultural production and productivity by providing agriculture with

adequate infrastructures and human, technical and financial resources that will work

towards an increase in competitivity and to ensure the quality of its products, their

effective marketing and sale, an improved supply for the country and a rise in exports;

b) To promote the improvement of the economic, social and cultural situation of rural

and agricultural workers, the development of the rural world, the rationalisation of the

structure of land ownership, the modernisation of the business fabric, and the access by

those that work the land to ownership or possession of the land itself and of such other

means of production as they directly employ thereon;

c) To create the conditions needed to achieve effective equality between those who

work in agriculture and other workers and to prevent the agricultural sector from being

disadvantaged in its exchanges with other sectors;

d) To ensure the rational use and management of the soil and other natural resources

and to maintain their regenerative capability;

e) To encourage farmers to form and join associations and to directly work the land.

2. The state shall promote an agrarian planning and reconversion and forestry

development policy, in accordance with the ecological and social factors that condition

the country.

Article 94

(Elimination of very large estates)

1. The law shall regulate the resizing of farming units that are excessively large from the

point of view of the agricultural policy objectives, and, in the case of expropriation,

shall provide for the right of each owner to the corresponding compensation and to the

retention of an area that is sufficient to ensure the viability and rationality of his own

farm.

2. Without prejudice to the stipulation of an experimental period prior to the grant of

full title in order to determine whether the land in question is being used effectively and

rationally, expropriated land shall be handed over for either ownership or holding, as

laid down by law, to small farmers – preferably family farming units, to rural workers’

or small farmers’ cooperatives, or to other forms of worker operation.

Article 95

(Resizing of small farms)

Without prejudice to the right of ownership and as laid down by law, the state shall

promote the resizing of farming units that are smaller than that which is suitable from

the point of view of the agricultural policy objectives, particularly by means of legal,

fiscal and credit incentives for their structural or merely economic integration,

particularly in a cooperative form, or by measures designed to join parcels of land

together.

Article 96

(Forms of use of non-owned land)

1. The law shall regulate the rules governing the rental and other forms of use of non-

owned land in such a way as to guarantee the farmer’s security and legitimate interests.

2. The fee-farming and colony systems shall be prohibited and the conditions that

farmers need to put an effective end to the agricultural partnership system shall be

created.

Article 97

(State assistance)

1. In pursuit of the agricultural policy objectives the state shall provide preferential

support to small and medium-sized farmers, particularly when they are integrated into

family farming units, are sole farmers or are associated in cooperatives, as well as to

agricultural workers’ cooperatives and other forms of worker operation.

2. Such state assistance shall particularly comprise:

a) The grant of technical assistance;

b) The creation of forms of marketing and sales support upstream and downstream from

production itself;

c) Support for the coverage of risks resulting from unpredictable or uncontrollable

climatic or phytopathological conditions;

d) Stimuli to encourage rural workers and farmers to form and join associations,

particularly by forming producers, purchasing, sales, processing and service

cooperatives and other forms of worker operation.

Article 98

(Participation in drawing up the agricultural policy)

The participation of rural workers and farmers in drawing up the agricultural policy

shall be ensured via the organisations that represent them.

Article 99

(Commercial policy objectives)

The objectives of the commercial policy shall be:

a) Healthy competition between commercial agents;

b) The rationalisation of distribution circuits;

c) To combat speculative activities and restrictive commercial practises;

d) The development and diversification of external economic relations;

e) Consumer protection.

Article 100

(Industrial policy objectives)

The objectives of the industrial policy shall be:

a) The increase of industrial production within an overall framework of the

modernisation and adjustment of social and economic interests and the international

integration of the Portuguese economy;

b) The reinforcement of industrial and technological innovation;

c) The increase of the competitivity and productivity of industrial businesses;

d) Support for small and medium-sized enterprises and, in general, for ventures and

businesses that generate jobs and foster exports or substitutes for imports;

e) Support for the international prominence of Portuguese businesses.

TITLE IV

Financial and fiscal system

Article 101

(Financial system)

The financial system shall be structured by law in such a way as to guarantee the

accumulation, deposit and security of savings, as well as the application of the financial

resources needed for economic and social development.

Article 102

(Bank of Portugal)

The Bank of Portugal shall be the national central bank and shall perform its functions

as laid down by law and in accordance with the international rules by which the

Portuguese state is bound.

Article 103

(Fiscal system)

1. The fiscal system shall aim to satisfy the financial needs of the state and of other

public bodies and to ensure a just distribution of income and wealth.

2. Taxes shall be created by laws, which shall determine their applicability and rate,

fiscal benefits and such guarantees as may accrue to taxpayers.

3. No one shall be obliged to pay taxes that are not created in accordance with this

Constitution, are retroactive in nature, or are not charged or collected as laid down by

law.

Article 104

(Taxes)

1. Personal income tax shall aim to reduce inequalities, shall be single and progressive

and shall pay due regard to family needs and incomes.

2. Businesses shall essentially be taxed on their real income.

3. The taxation of assets shall contribute to equality between citizens.

4. Consumer taxation shall aim to adapt the structure of consumption to changes in the

requirements for economic development and social justice, and shall increase the cost of

luxury consumer items.

Article 105

(Budget)

1. The State Budget shall contain:

a) A breakdown of the state’s income and expenditure, including that of autonomous

funds and departments;

b) The social security budget.

2. The Budget shall be drawn up in accordance with the major planning options and in

the light of legal and contractual obligations.

3. The Budget shall be a single budget and shall set out expenditure in accordance with

the organisational and functional classification thereof, in such a way as to preclude the

existence of secret appropriations and funds. It may also be structured by programmes.

4. The Budget shall provide for the income needed to cover expenditure, and the law

shall define the rules governing the Budget’s execution, the terms and conditions

governing the use of public credit, and the criteria for governing such alterations as the

Government may make during the Budget’s execution in the organisational headings of

each budget programme passed by the Assembly of the Republic, all with a view to the

Budget’s full implementation.

Article 106

(Drawing up the Budget)

1. The Budget Law shall be drawn up, organised, put to the vote and implemented in

accordance with the applicable framework law, which shall include the rules governing

the drawing up and implementation of the budgets of autonomous funds and

departments.

2. The Budget bill shall be presented and put to the vote within such time limits as the

law may set, and the law shall lay down the procedures to be adopted when such time

limits cannot be met.

3. The Budget bill shall be accompanied by reports on:

a) A forecast of the evolution of the main macroeconomic indicators that have an

influence on the Budget, as well as the evolution of the money supply and the sources

thereof;

b) The grounds for variations in the income and expenditure forecasts compared to the

previous Budget;

c) The public debt, treasury operations and the Treasury accounts;

d) The situation of autonomous funds and departments;

e) Transfers of funds to the autonomous regions and local authorities;

f) Such financial transfers between Portugal and other countries as affect the proposed

Budget;

g) Fiscal benefits and an estimate of the ensuing reduction in income.

Article 107

(Scrutiny)

The Budget’s execution shall be scrutinised by the Audit Court and the Assembly of the

Republic. Following receipt of an opinion to be issued by the Audit Court, the

Assembly of the Republic shall consider the General State Accounts, including the

social security accounts, and shall put them to the vote.

PART III

Organisation of political power

TITLE I

General principles

Article 108

(Source and exercise of power)

Political power shall lie with the people and shall be exercised in accordance with this

Constitution.

Article 109

(Citizens’ participation in politics)

The direct and active participation in politics by men and women is a fundamental

instrument in the consolidation of the democratic system, and the law shall promote

both equality in the exercise of civic and political rights and the absence of gender-

based discrimination in access to political office.

Article 110

(Bodies that exercise sovereign power)

1. The President of the Republic, the Assembly of the Republic, the Government and

the Courts shall constitute bodies that exercise sovereign power.

2. The formation, composition, responsibilities and power and modus operandi of the

bodies that exercise sovereign power shall be those laid down by this Constitution.

Article 111

(Separation and interdependence)

1. Bodies that exercise sovereign power shall be separate and interdependent as laid

down by this Constitution.

2. No body that exercises sovereign power and no body that belongs to an autonomous

region or local authority shall delegate its powers to other bodies, save in such cases and

under such terms as are expressly laid down by this Constitution and the law.

Article 112

(Legislation)

1. Legislation shall comprise laws, executive laws and regional legislative decrees.

2. Without prejudice to the subordination to the corresponding laws of executive laws

that are enacted under legislative authorisation and of those that develop the basic

general elements of the legal systems, laws and executive laws shall possess equal

force.

3. Organisational laws, laws that must be passed by a two-thirds majority, and laws

which under this Constitution are compulsory legal prerequisites for other laws or

which must be obeyed by other laws, shall possess superior force.

4. Without prejudice to the provisions of Article 227(1)b and c, legislative decrees shall

possess a regional scope and shall address such matters set out in the political and

administrative statute of the autonomous region in question as are not the exclusive

responsibility of the bodies that exercise sovereign power.

5. No law shall create other categories of legislation, or grant other types of act the

power to interpret, integrate, modify, suspend or revoke any of its provisions in such a

way as to produce effects in relation to third parties.

6. Government regulations shall take the form of regulatory orders when so required by

the law they regulate, as well as in the case of independent regulations.

7. Regulations shall make express mention of the laws which they are intended to

regulate, or which lay down the subjective and objective power to issue them.

8. The transposition of European Union legislation and other legal acts into the internal

legal system shall take the form of a law, an executive law, or, in accordance with (4)

above, a regional legislative decree.

Article 113

(General principles of electoral law)

1. As a general rule, the officeholders of the bodies that exercise sovereign power, of

regional authorities and of local authorities shall be appointed by direct, secret and

periodic suffrage.

2. Without prejudice to the provisions of Articles 15(4) and (5) and 121(2), electoral

registration shall be officious, compulsory and permanent and there shall be a single

registration system for all elections that are held by direct, universal suffrage.

3. Election campaigns shall be governed by the following principles:

a) Freedom of propaganda;

b) Equal opportunities and treatment for all candidatures;

c) The impartiality of public bodies towards all candidatures;

d) The transparency and scrutiny of electoral accounts.

4. Citizens shall possess the duty to cooperate with the electoral authorities in such ways

as the law may lay down.

5. Votes cast shall be converted into seats in accordance with the principle of

proportional representation.

6. Any act which dissolves a collegiate body that is based on direct suffrage shall also

set the date of a new election thereto. Such elections shall be held within the following

sixty days and in accordance with the electoral law that is in force at the time of the

dissolution, failing which they shall be legally invalid.

7. The power to rule on the correctness and validity of electoral acts shall pertain to the

courts.

Article 114

(Political parties and right to opposition)

1. Political parties shall hold seats in the bodies that are elected by universal, direct

suffrage in accordance with their proportion of election results.

2. Minorities shall possess the right to democratic opposition, as laid down by this

Constitution and the law.

3. Political parties that hold seats in the Assembly of the Republic and do not form part

of the Government shall particularly possess the right to be regularly and directly

informed by the Government as to the situation and progress of the main matters of

public interest. Political parties that hold seats in the Legislative Assemblies of the

autonomous regions or in any other directly elected assemblies shall possess the same

right in relation to the respective executive, in the event that they do not form part

thereof.

Article 115

(Referenda)

1. In cases provided for in, and as laid down by, this Constitution and the law, following

a proposal from the Assembly of the Republic or the Government in relation to matters

that fall under their respective responsibilities, the President of the Republic may decide

to call upon citizens who are registered to vote in Portuguese territory to directly and

bindingly pronounce themselves by referendum.

2. Referenda may also be held on the initiative of citizens who submit a request to the

Assembly of the Republic. Such requests shall be submitted and considered under the

terms and within the time limits laid down by law.

3. The object of a referendum shall be limited to important issues concerning the

national interest upon which the Assembly of the Republic or the Government must

decide by passing an international agreement or by passing legislation.

4. The following shall not be subject to referendum:

a) Alterations to this Constitution;

b) Issues and acts with a budgetary, tax-related or financial content;

c) The matters provided for in Article 161, without prejudice to the provisions of the

following paragraph;

d) The matters provided for in Article 164, save the provisions of subparagraph i).

5. The provisions of the previous paragraph shall not prejudice the submission to

referendum of such important issues concerning the national interest as should be the

object of an international agreement pursuant to Article 161i, except when they concern

peace or the rectification of borders.

6. Each referendum shall only address one matter. Questions shall be objectively,

clearly and precisely formulated, shall solicit yes or no answers, and shall not exceed a

maximum number to be laid down by law. The law shall also lay down the other terms

governing the formulation and holding of referenda.

7. Referenda shall not be called or held between the dates on which general elections for

the bodies that exercise sovereign power, elections for the self-government bodies of the

autonomous regions, for local authority bodies and for Members of the European

Parliament are called and those on which they are held.

8. The President of the Republic shall submit all draft referenda submitted to him by the

Assembly of the Republic or the Government, to compulsory prior determination of

their constitutionality and legality.

9. The provisions of Article 113(1), (2), (3), (4) and (7) shall apply to referenda, mutatis

mutandis.

10. Draft referenda that are refused by the President of the Republic or are negatived by

the electorate shall not be resubmitted during the same legislative session, save new

elections to the Assembly of the Republic, or until the Government resigns or is

removed.

11. Referenda shall only be binding in the event that the number of voters exceeds half

the number of registered electors.

12. Citizens who reside abroad and are properly registered to vote under the provisions

of Article 121(2) shall be called upon to take part in referenda that address matters

which specifically also concern them.

13. Referenda may be regional in scope, in accordance with Article 232(2).

Article 116

(Collegiate bodies)

1. Save in cases provided for by law, meetings of assemblies that act as bodies which

exercise sovereign power, as bodies of autonomous regions or as local authority bodies

shall be held in public.

2. Collegiate bodies shall take their decisions in the presence of the majority of their

prescribed membership.

3. Save in cases provided for by this Constitution, the law and the applicable rules of

procedure, collegiate bodies shall take their decisions by a simple majority and

abstentions shall not count in the calculation thereof.

Article 117

(Status of political officeholders)

1. Political officeholders shall be politically, civilly and criminally liable for their

actions and omissions in the exercise of their functions.

2. The law shall lay down both the duties, responsibilities, liabilities and

incompatibilities of political office and the consequences of any breach thereof, and the

rights, privileges and immunities that apply thereto.

3. The law shall specify the special crimes for which political officeholders may be held

liable, together with the applicable penalties and the effects thereof, which may include

removal from office or loss of seat.

Article 118

(Renewal principle)

1. No one shall hold any national, regional or local political office for life.

2. The law may specify limits on successive renewals of mandates of holders of

executive political office.

Article 119

(Publicising of acts)

1. The following shall be published in the official journal – the Diário da República:

a) Laws concerning the Constitution;

b) International agreements and the applicable ratification notices, together with the rest

of the notices in relation thereto;

c) Laws, executive laws and regional legislative decrees;

d) Decrees issued by the President of the Republic;

e) Resolutions of the Assembly of the Republic and of the Legislative Assemblies of the

autonomous regions;

f) The Rules of Procedure of the Assembly of the Republic, the Council of State and the

Legislative Assemblies of the autonomous regions;

g) The rulings of the Constitutional Court and such other court rulings to which the law

grants generally binding force;

h) Regulatory orders and other decrees and regulations issued by the Government, as

well as decrees of the Representatives of the Republic to the autonomous regions and

regional regulatory decrees;

i) The results of elections to bodies that exercise sovereign power, bodies of

autonomous regions and local authority bodies, as well as to the European Parliament,

and the results of national and regional referenda.

2. Failure to publicise the acts provided for in subparagraphs a) to h) of the previous

paragraph and of any act of bodies that exercise sovereign power, bodies of autonomous

regions and local authority bodies shall cause such acts to be without legal force.

3. The law shall lay down the means by which other acts shall be publicised and the

consequences of any failure to do so.

TITLE II

President of the Republic

CHAPTER I

Status, role and election

Article 120

(Definition)

The President of the Republic shall represent the Portuguese Republic, shall guarantee

national independence, the unity of the state and the proper functioning of the

democratic institutions, and shall be ex officio Commander-in-Chief of the Armed

Forces.

Article 121

(Election)

1. The President of the Republic shall be elected by the universal, direct, secret suffrage

of all Portuguese citizens who are registered to vote in Portuguese territory and, in

accordance with the following paragraph, of all Portuguese citizens who reside abroad.

2. The law shall regulate the right to vote of Portuguese citizens who reside abroad, to

which end it shall pay due regard to the existence of ties that effectively link them to the

Portuguese community.

3. The right to vote in Portuguese territory shall be exercised in person.

Article 122

(Eligibility)

Citizens of Portuguese origin who are registered to vote and have attained the age of

thirty-five shall be eligible for election.

Article 123

(Eligibility for re-election)

1. Re-election to a third consecutive term of office, or during the five years immediately

following the end of a second consecutive term of office, shall not be permitted.

2. In the event that the President of the Republic resigns, he shall not stand again in the

next elections, or in any that take place in the five years immediately following his

resignation.

Article 124

(Nominations)

1. Nominations for President of the Republic shall be put forward by at least seven

thousand five hundred and at most fifteen thousand registered electors.

2. Nominations shall be submitted to the Constitutional Court at least thirty days prior to

the date set for the election.

3. In the event of the death of any candidate, or of any other fact that renders any

candidate incapable of performing the functions of President of the Republic, the

election process shall recommence under such terms as the law shall lay down.

Article 125

(Date of election)

1. The President of the Republic shall be elected during the sixty days prior to the end

of his predecessor’s term of office, or during the sixty days after that office becomes

vacant.

2. Elections shall not take place during the ninety days prior to or following the date of

elections to the Assembly of the Republic.

3. In the case provided for in the previous paragraph, the election shall take place during

the ten days following the end of the period set out therein, and the term of office of the

outgoing President shall automatically be extended for the necessary period of time.

Article 126

(Electoral system)

1. The candidate who receives more than half of the validly cast votes shall be elected

President of the Republic. Blank ballot papers shall not be deemed validly cast.

2. If none of the candidates obtains this number of votes, a second ballot shall be held

within twenty-one days of the date of the first one.

3. Only the two candidates who received most votes in the first ballot and have not

withdrawn their candidatures shall stand in the second ballot.

Article 127

(Installation and swearing in)

1. The President elect shall take office before the Assembly of the Republic.

2. His installation shall take place on the last day of the outgoing President’s term of

office, or, in the case of election to a vacant office, on the eighth day following that on

which the election results are published.

3. Upon taking office the President of the Republic elect shall take the following oath:

I swear by my honour to faithfully perform the office with which I am invested and to

defend and observe the Constitution of the Portuguese Republic and cause it to be

observed.

Article 128

(Term of office)

1. The term of office of President of the Republic shall be five years and shall end upon

installation of the new President elect.

2. In the event that the office falls vacant, the newly elected President of the Republic

shall commence a new term of office.

Article 129

(Absence from Portuguese territory)

1. The President of the Republic shall not absent himself from Portuguese territory

without the consent of the Assembly of the Republic or, in the event that the Assembly

is not in full session, of its Standing Committee.

2. Consent shall be dispensed with in cases in which the President of the Republic is in

transit or is on an unofficial visit lasting no more than five days. However, he shall

notify the Assembly of the Republic of such cases in advance.

3. Failure to comply with the provisions of (1) above shall automatically entail loss of

office.

Article 130

(Criminal liability)

1. The President of the Republic shall answer before the Supreme Court of Justice for

crimes committed in the performance of his functions.

2. Proceedings may only be initiated by the Assembly of the Republic, upon a motion

subscribed by one fifth and a decision passed by a two-thirds majority of all the

Members in full exercise of their office.

3. Conviction shall cause removal from office and disqualification from re-election.

4. For crimes that are not committed in the performance of his functions, the President

of the Republic shall answer before the common courts, once his term of office has

ended.

Article 131

(Resignation)

1. The President of the Republic may resign by means of a message addressed to

Assembly of the Republic.

2. Such resignation shall take effect when the Assembly of the Republic takes note

thereof, without prejudice to its subsequent publication in the Diário da República.

Article 132

(Acting President)

1. In the event that the President of the Republic is temporarily unable to perform his

functions, or that the office is vacant and until such time as the new President elect is

installed, his functions shall be performed by the President of the Assembly of the

Republic, or, in the event that the latter is unable to do so, by his substitute.

2. For such time as he acts as acting President of the Republic, the President of the

Assembly of the Republic or his substitute’s mandate as Member of the Assembly shall

automatically be suspended.

3. The President of the Republic shall retain the rights and privileges inherent to his

office during such time as he is temporarily unable to perform his functions.

4. An acting President of the Republic shall enjoy all the honours and prerogatives of

the office, but his rights shall be those of the office to which he was elected.

CHAPTER II

Responsibilities

Article 133

(Responsibilities in relation to other bodies)

In relation to other bodies the President of the Republic shall be responsible for:

a) Chairing the Council of State;

b) In accordance with electoral law, setting the date for elections for President of the

Republic, Members of the Assembly of the Republic, Members of the European

Parliament and members of the Legislative Assemblies of the autonomous regions;

c) Calling extraordinary sittings of the Assembly of the Republic;

d) Addressing messages to the Assembly of the Republic and the Legislative

Assemblies of the autonomous regions;

e) Subject to the provisions of Article 172 and after first consulting both the parties with

seats in the Assembly and the Council of State, dissolving the Assembly of the

Republic;

f) Appointing the Prime Minister pursuant to Article 187(1);

g) Removing the Government in accordance with Article 195(2), and discharging the

Prime Minister from office pursuant to Article 186(4);

h) Upon a proposal from the Prime Minister, appointing members of the Government

and discharging them from office;

i) When asked to do so by the Prime Minister, chairing the Council of Ministers;

j) After first consulting the Council of State and the parties with seats in the Legislative

Assemblies of the autonomous regions, and subject to the provisions of Article 172,

mutatis mutandis, dissolving such Legislative Assemblies;

l) After first consulting the Government, appointing the Representatives of the Republic

to the autonomous regions and discharging them from office;

m) Upon a proposal from the Government, appointing the President of the Audit Court

and the Attorney General and discharging them from office;

n) Appointing five members of the Council of State and two members of the Supreme

Judicial Council;

o) Chairing the Supreme National Defence Council;

p) Upon a proposal from the Government, appointing the Chief of the General Staff of

the Armed Forces and, after consulting the Chief of the General Staff of the Armed

Forces, the Deputy Chief of the General Staff of the Armed Forces if any, and the

Chiefs of Staff of the three armed services.

Article 134

(Personal responsibilities)

The President of the Republic shall be personally responsible for:

a) Performing the functions of Commander-in-Chief of the Armed Forces;

b) Enacting laws, executive laws and regulatory orders and having them published, and

signing both resolutions of the Assembly of the Republic that pass international

agreements and the rest of the Government’s decrees;

c) Submitting important issues of national interest, as laid down in Article 115, and

those referred to in Articles 232(2) and 256(3), to referendum;

d) Declaring a state of siege or a state of emergency in compliance with the provisions

of Articles 19 and 138;

e) Pronouncing upon all emergencies that are of serious consequence to the life of the

Republic;

f) After first consulting the Government, pardoning offences or commuting sentences;

g) Asking the Constitutional Court to undertake a prior review of the constitutionality of

the rules laid down by laws and executive laws and in international agreements;

h) Asking the Constitutional Court to rule whether legal provisions or statutes are

unconstitutional due to any inclusion or omission;

i) Awarding decorations in accordance with the law, and performing the office of Grand

Master of Portugal’s honorary orders.

Article 135

(Responsibilities in international relations)

In international relations the President of the Republic shall be responsible for:

a) Appointing ambassadors and extraordinary envoys upon a proposal from the

Government, and accrediting foreign diplomatic representatives;

b) Once they have been duly passed, ratifying international treaties;

c) Upon a proposal from the Government, after consulting the Council of State and

subject to authorisation by the Assembly of the Republic, or, if the Assembly is not

sitting and it is not possible to arrange for it to sit immediately, by its Standing

Committee, declaring war in the case of effective or imminent aggression and making

peace.

Article 136

(Enactment and veto)

1. Within twenty days of the receipt of any decree of the Assembly of the Republic for

enactment as a law, or of the publication of a Constitutional Court ruling that does not

declare any of the decree’s provisions unconstitutional, the President of the Republic

shall either enact the decree or exercise the right of veto. In the latter case he shall send

a message setting out the grounds therefore and requesting that the statute be

reconsidered.

2. If the Assembly of the Republic confirms its original vote by an absolute majority of

all the Members in full exercise of their office, the President of the Republic shall enact

the decree within eight days of receiving it.

3. However, a majority that is at least equal to two thirds of all Members present and

greater than an absolute majority of all the Members in full exercise of their office shall

be required to confirm decrees that take the form of organic laws, as well as to confirm

those concerning the following matters:

a) External relations;

b) Boundaries between the public, private and cooperative sectors in relation to the

ownership of the means of production;

c) Such regulations governing the electoral acts provided for by this Constitution as do

not take the form of an organic law.

4. Within forty days of the receipt of any Government decree for enactment, or of the

publication of a Constitutional Court ruling that does not declare any of the decree’s

provisions unconstitutional, the President of the Republic shall either enact the decree or

exercise his right of veto. In the latter case he shall inform the Government in writing of

the reasons for doing so.

5. The President of the Republic shall also exercise the right of veto pursuant to Articles

278 and 279.

Article 137

(Failure to enact or sign)

In the event that the President of the Republic fails to enact or sign any of the acts

provided for in Article 134(b), the said act shall be legally invalid.

Article 138

(Declaration of a state of siege or a state of emergency)

1. Declaration of a state of siege or a state of emergency shall require prior consultation

of the Government and authorisation by the Assembly of the Republic, or, if the

Assembly is not sitting and it is not possible to arrange for it to sit immediately, by its

Standing Committee.

2. In the event that a declaration of a state of siege or a state of emergency is authorised

by the Assembly of the Republic’s Standing Committee, such declaration shall require

confirmation by the Plenary as soon as it is possible to arrange for it to sit.

Article 139

(Acts of an acting President of the Republic)

1. Acting Presidents of the Republic shall not undertake any of the acts provided for in

Articles 133e and n and 134c.

2. Acting Presidents of the Republic shall only undertake any of the acts provided for in

Articles 133b, c, f, m and p, 134a and 135a after first consulting the Council of State.

Article 140

(Ministerial counter-signature)

1. Acts that the President of the Republic undertakes under the terms of Articles 133h, j,

l, m and p, 134b, d and f) and 135a, b and c shall require counter-signature by the

Government.

2. In the event that the Government does not counter-sign any such act, the said act shall

be legally invalid.

CHAPTER III

Council of State

Article 141

(Definition)

The Council of State shall be the political body that advises the President of the

Republic.

Article 142

(Composition)

The Council of State shall be chaired by the President of the Republic and shall also be

composed of the following members:

a) The President of the Assembly of the Republic;

b) The Prime Minister;

c) The President of the Constitutional Court;

d) The Ombudsman;

e) The presidents of the regional governments;

f) Such former Presidents of the Republic as were elected under this Constitution and

were not removed from office;

g) Five citizens whom the President of the Republic shall appoint for the period of his

term of office;

h) Five citizens whom the Assembly of the Republic shall elect in accordance with the

principle of proportional representation for the period of the legislature.

Article 143

(Installation and term of office)

1. The members of the Council of State shall be installed by the President of the

Republic.

2. Those members of the Council of State who are provided for in Article 142a to e

shall continue to be members for as long as they remain in the respective offices.

3. Those members of the Council of State who are provided for in Article 142g and h

shall continue to be members until their replacements are installed.

Article 144

(Organisation and proceedings)

1. The Council of State shall be responsible for drawing up its own Rules of Procedure.

2. Council of State meetings shall not be public.

Article 145

(Responsibilities)

The Council of State shall be responsible for:

a) Giving its opinion on dissolutions of the Assembly of the Republic and the

Legislative Assemblies of the autonomous regions;

b) Giving its opinion on the removal of the Government in the case provided for in

Article 195(2);

c) Giving its opinion on declarations of war and the making of peace;

d) Giving its opinion on the acts of acting Presidents of the Republic referred to in

Article 139;

e) Giving its opinion on other cases provided for by this Constitution, and in general

and when asked to do so by the President of the Republic, advising him in the exercise

of his office.

Article 146

(Issue of opinions)

The Council of State shall issue the opinions provided for in Article 145a to e at a

meeting which the President of the Republic shall call for that purpose, and such

opinions shall be made public at the time of the act to which they refer.

TITLE III

Assembly of the Republic

CHAPTER I

Status, role and election

Article 147

(Definition)

The Assembly of the Republic shall be the assembly that represents all Portuguese

citizens.

Article 148

(Composition)

The Assembly of the Republic shall possess a minimum of one hundred and eighty and

a maximum of two hundred and thirty Members, as laid down by electoral law.

Article 149

(Constituencies)

1. Members shall be elected for constituencies that shall be geographically defined by

law. The law may create plurinominal and uninominal constituencies and lay down the

nature and complementarity thereof, all in such a way as to ensure that votes are

converted into seats in accordance with the proportional representation system and

using d’Hondt’s highest-average rule.

2. With the exception of the national constituency, if any, the number of Members for

each plurinominal constituency in Portuguese territory shall be proportional to the

number of citizens registered to vote therein.

Article 150

(Eligibility)

Save such restrictions as electoral law may lay down in relation to local

incompatibilities or the exercise of certain offices, all Portuguese citizens who are

registered to vote shall be eligible for election.

Article 151

(Nominations)

1. Nominations shall be submitted by political parties as laid down by law. Parties may

submit such nominations individually or in coalition and their lists of candidates may

include citizens who are not registered members of any of the parties in question.

2. No one shall be a candidate for more than one constituency of the same nature, with

the exception of the national constituency, if any. No one may appear on more than one

list.

Article 152

(Political representation)

1. The law shall not limit the conversion of votes into seats by requiring a minimum

national percentage of votes cast.

2. Members shall represent the whole country and not the constituencies for which they

are elected.

Article 153

(Beginning and end of term of office)

1. Members’ terms of office shall commence upon the first sitting of the Assembly of

the Republic following elections thereto and shall end upon the first sitting following

the subsequent elections thereto, without prejudice to the suspension or termination of

any individual mandate.

2. Electoral law shall regulate the filling of vacancies that arise in the Assembly and, in

cases in which there are important grounds for doing so, the temporary substitution of

Members.

Article 154

(Incompatibilities and prevention from exercise of office)

1. Members who are appointed to the Government shall not exercise the office of

Member until they leave the Government, and shall be temporarily substituted in

accordance with the previous Article.

2. The law shall lay down any other incompatibilities.

3. The law shall regulate cases and situations in which Members shall require the

Assembly of the Republic’s authorisation in order to be jurors, arbiters, experts or

witnesses.

Article 155

(Exercise of the office of Member)

1. Members shall exercise their mandates freely and shall be guaranteed the conditions

needed to perform their functions effectively, particularly those needed to maintain the

indispensable contact with registered electors and those needed to ensure that the latter

are regularly kept informed.

2. The law shall regulate the circumstances under which the absence of Members from

official acts or proceedings that do not concern the Assembly of the Republic, due to

Assembly sittings or missions, shall constitute valid grounds for adjourning the said acts

or proceedings.

3. Public bodies shall possess the duty, as laid down by law, to cooperate with Members

in the performance of their functions.

Article 156

(Members’ powers)

Members shall have the following powers:

a) To submit draft amendments to the Constitution;

b) To submit Member’s bills, draft amendments to the Rules of Procedure, draft

resolutions, particularly in relation to referenda, and draft decisions, and to request that

they be scheduled for debate;

c) To take part and speak in parliamentary debates, as laid down by the Rules of

Procedure;

d) To question the Government about any of its acts or those of the Public

Administration, and to obtain answers within a reasonable period of time, save the

provisions of the law concerning state secrets;

e) To request and obtain from the Government or the governing bodies of any public

entity, such information and documents and official publications as the Member or

Members in question may deem useful to the exercise of their mandate;

f) To request the formation of parliamentary committees of inquiry;

g) Those laid down by the Rules of Procedure.

Article 157

(Immunities)

1. Members shall not be civilly or criminally liable for or subject to disciplinary

proceedings in relation to their votes or the opinions they express in the performance of

their functions.

2. Members shall not appear as makers of declarations or defendants without the

Assembly’s authorisation. In the event of strong evidence of the commission of a

serious crime punishable by imprisonment for a maximum term of more than three

years, the Assembly shall obligatorily authorise a Member’s appearance as defendant.

3. No Member may be detained, arrested or imprisoned without the Assembly’s

authorisation, save for a serious crime punishable by the type of prison term referred to

in the previous paragraph and in flagrante delicto.

4. In the event that criminal proceedings are brought against any Member and he is

definitively charged, the Assembly shall decide whether or not he is to be suspended so

that the proceedings can take their course. In the event of a crime of the type referred to

in the previous paragraphs, the Assembly shall obligatorily suspend the Member.

Article 158

(Rights and privileges)

Members shall enjoy the following rights and privileges:

a) Deferment of military, civic and civil defence service;

b) Freedom of movement and the right to a special passport during official trips abroad;

c) A special identity card;

d) Such allowances as the law may lay down.

Article 159

(Duties)

Members shall possess the following duties:

a) To attend plenary sittings and any committees to which they belong

b) To perform such offices in the Assembly and such functions as they are appointed to

upon proposals by their respective parliamentary groups;

c) To take part in voting.

Article 160

(Loss and resignation of seat)

1. Members shall lose their seat in the event that:

a) They become subject to any of the disqualifications or incompatibilities laid down by

law;

b) They do not take up their seat in the Assembly, or they exceed the number of

absences laid down by the Rules of Procedure;

c) They register as members of a party other than that for which they stood for election;

d) They are convicted by a court of any of the special crimes for which political

officeholders may be held liable, which they commit in the exercise of their functions

and for which they are sentenced to such loss, or they are convicted of participating in

organisations that are racist or display a fascist ideology.

2. Members may resign their seat by means of a written declaration.

CHAPTER II

Responsibilities

Article 161

(Political and legislative responsibilities)

The Assembly of the Republic shall be responsible for:

a) Passing amendments to the Constitution in accordance with Articles 284 to 289;

b) Passing the political and administrative statutes of the autonomous regions and the

laws governing the election of the members of their Legislative Assemblies;

c) Making laws on all matters, save those that are the exclusive responsibility of the

Government under this Constitution;

d) Granting the Government authorisations to legislate;

e) Granting the Legislative Assemblies of the autonomous regions the authorisations

provided for in Article 227(1)b;

f) Granting generic amnesties and pardons;

g) Upon proposals from the Government, passing the laws on the Major Options of the

National Plans and the State Budget;

h) Authorising the Government to contract and grant loans and engage in other lending

operations, apart from floating debt operations, laying down the general terms and

conditions governing such loans and lending operations, and setting the upper limit for

guarantees to be given by the Government in any given year;

i) Passing treaties, particularly those that entail Portugal’s participation in international

organisations, friendship, peace, defence, the rectification of borders or military affairs,

as well as international agreements that address matters which are the exclusive

responsibility of the Assembly, or which the Government deems fit to submit to the

Assembly for consideration;

j) Proposing to the President of the Republic that important issues of national interest be

submitted to referendum;

l) Authorising and confirming declarations of a state of siege or a state of emergency;

m) Authorising the President of the Republic to declare war or to make peace;

n) Pronouncing, as laid down by law, on such matters awaiting decision by European

Union bodies as concern the sphere of its exclusive legislative responsibility;

o) Performing such other functions as this Constitution and the law may allocate to it.

Article 162

(Responsibility to scrutinise)

In the performance of its scrutiny functions the Assembly of the Republic shall be

responsible for:

a) Scrutinising compliance with this Constitution and the laws and considering the

actions of the Government and the Public Administration;

b) Considering the manner in which a declaration of a state of siege or a state of

emergency has been applied;

c) Considering executive laws, save those made under the Government’s exclusive

legislative responsibility, and considering the regional legislative decrees provided for

in Article 227(1)b, both for the purpose of determining whether they should be amended

or cease to be in force;

d) Receiving the accounts of the state and such other public bodies as the law shall lay

down. Such accounts shall be submitted by 31 December of the following year, together

with the opinion of the Audit Court and the other items needed to consider them;

e) Considering reports on the execution of National Plans.

Article 163

(Responsibilities in relation to other bodies)

In relation to other bodies the Assembly of the Republic shall be responsible for:

a) Witnessing the President of the Republic’s installation;

b) Consenting to the President of the Republic’s absence from Portuguese territory;

c) Promoting the bringing of proceedings against the President of the Republic for

crimes committed in the performance of his functions, and deciding whether to suspend

members of the Government in the case provided for in Article 196;

d) Considering the Government’s Programme;

e) Voting on motions of confidence or no confidence in the Government;

f) As laid down by law, supervising and considering Portugal’s participation in the

process of constructing the European Union;

g) Under the proportional representation system, electing five members of the Council

of State and those members of the Supreme Council of the Public Prosecutor’s Office

whom the Assembly is responsible for appointing;

h) By a majority that is at least equal to two thirds of all Members present and greater

than an absolute majority of all the Members in full exercise of their office, electing ten

judges to the Constitutional Court, the Ombudsman, the President of the Economic and

Social Council, seven members of the Supreme Judicial Council, the members of the

media regulatory body and the members of all other constitutional bodies, appointments

to which are the responsibility of the Assembly of the Republic by law;

i) As laid down by law, supervising the involvement of military contingents and

security forces abroad.

Article 164

(Exclusive responsibility to legislate)

The Assembly of the Republic shall possess exclusive responsibility to legislate on the

following matters:

a) Elections to bodies that exercise sovereign power;

b) Rules to be used in referenda;

c) The organisation, operation and proceedings of the Constitutional Court;

d) The organisation of national defence, the definition of the duties derived therefrom

and the basic general elements of the organisation, operation, re-equipping and

discipline of the Armed Forces;

e) Rules governing states of siege and states of emergency;

f) The acquisition, loss and re-acquisition of Portuguese citizenship;

g) The definition of the limits of territorial waters, the exclusive economic zone and

Portugal’s rights to the adjacent seabed;

h) Political associations and parties;

i) The basic elements of the education system;

j) The election of members of the Legislative Assemblies of the autonomous regions;

l) The election of local government officeholders and other elections conducted by

direct, universal suffrage, as well as elections to the remaining constitutional bodies;

m) The status and role of the officeholders of bodies that exercise sovereign power and

local government officeholders, as well as of the officeholders of the remaining

constitutional bodies and of all those who are elected by direct, universal suffrage;

n) Without prejudice to the powers of the autonomous regions, the creation, abolition

and modification of local authorities and the rules governing them;

o) Restrictions on the exercise of rights by full-time military and militarised personnel

on active service and by members of the police forces and security services;

p) The rules governing the appointment of members of European Union bodies, with the

exception of the Commission;

q) The rules governing the Republic’s intelligence system and state secrets;

r) The general rules governing the drawing up and organisation of the budgets of the

state, the autonomous regions and local authorities;

s) The rules governing national symbols;

t) The rules governing the finances of the autonomous regions;

u) The rules governing the police forces and security services;

v) The rules governing the organisational, administrative and financial autonomy of the

President of the Republic’s support services.

Article 165

(Partially exclusive responsibility to legislate)


PAGINE

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AUTORE

Atreyu

PUBBLICATO

+1 anno fa


DETTAGLI
Corso di laurea: Corso di laurea in studi internazionali
SSD:
Università: Bologna - Unibo
A.A.: 2007-2008

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto costituzionale italiano e comparato e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Bologna - Unibo o del prof Bologna Chiara.

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