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STATUTE OF THE MEMBERS OF THE COUNCIL OF STATE

LAW No. 31/84, DATED SEPTEMBER 06/09

The following is decreed by Parliament, in the terms of articles 164, item d), 167, item g) and 169, No. 2, of the Constitution:

CHAPTER I
General provisions

Article 1
(Definition)

The Council of State is the political counselling body of the President of the Republic.

Article 2
(Composition)

The Council of State is chaired by the President of the Republic and its members are:

• The Speaker of Parliament;
• The Prime Minister;
• The President of the Constitutional Court;
• The Ombudsman;
• The presidents of the regional governments;
• The former presidents of the Republic elected within the period the Constitution has been in force and who have not been discharged from office;
• Five citizens appointed by the President of the Republic for the period corresponding to his mandate;
• Five citizens elected by Parliament, in according with the principle of proportional representation, for the period corresponding to the parliamentary term.

Article 3
(Compatibility)

The office of member of the Council of State is compatible with any other public or private activity.

CHAPTER II
Performance of office

Article 4
(Empowering in office)

1. The office of the members of the Council of State commences with their being empowered by the President of the Republic.

2. The members of the Council of State referred to in items a) and e) of article 2 are empowered immediately they take up the office which gives them the right of appointment.

3. The members of the Council of State referred to in item f) are empowered immediately after the termination of the mandate of the President of the Republic.

4. The members of the Council of State referred to in items g) and h) are empowered prior to the first meeting of the Council after the publication in Series 1 of the Gazette of the Republic of the respective appointment or election.

Article 5
(Term of office)

1. The members of the Council of State referred to in items a) to e) of article 2 shall continue in office during the tenure of their current positions.

2. The office of the members of the Council of State referred to in items g) and h) of article 2 terminates with the mandate of the President of the Republic that appointed them or with the end of the Parliamentary term during which they were elected, but they shall remain in office until the empowerment of those who will replace them.

3. The offices of members of the Council of State also terminate by resignation, or by death or permanent physical impediment, in the terms and conditions contained in the following articles.

Article 6
(Resignation)

1. The members of the Council of State referred to in items g) and h) of article 2 may resign their mandate.

2. Resignation does not depend on acceptance and takes effect by a declaration addressed to the President of the Republic, without prejudice of its later publication in Series 1 of the Gazette of the Republic.

Article 7
(Death and permanent physical impediment)

1. The office of members of the Council of State terminates with death or permanent physical impediment.

2. The statement of permanent physical impediment is in the remit of the Council of State, and will become effective after its publication in Series 1 of the Gazette of the Republic.

Article 8
(Suspension of Office)

Suspension of office is determined by the publication in Series 1 of the Gazette of the Republic of the decision of the Council of State taken in the terms of No. 2 of Article 14.

Article 9
(Concurrence of positions)

Should anyone have a seat in the Council of State as a member by inherence and also due to any other reason, the former will prevail.

Article 10
(Definitive and temporary substitution)

1. The members of the Council of State referred to in items a) to e) of article 2 are, during their temporary impediments, replaced during the respective period, by whoever constitutionally or legally substitutes them in the office which gives them the right of inherence.

2. The members of the Council of State referred to in items g) and h) are replaced:

• Definitively, in the case of resignation, death or permanent physical impediment;
• Temporarily, in the case of suspension of office or concurrence of positions.

3. The provision in No. 1 is applicable in the case of the interim performance of the office of President of the Republic by the Speaker of Parliament or by whomever he is replaced.

Article 11
(Procedure of replacement)

1. The replacement in the case of item g) of article 2 is carried out through the appointment by the President of the Republic of a substitute member or members.

2. In the case of item h) of article 2, replacement is carried out by the non-elected candidate or candidates, in line with the order of precedence in which the member or members to be replaced will have been proposed in the Parliamentary election.

3. There will be no replacements in the case foreseen in the previous paragraph if non-elected candidates no longer exist in the list of the member of the Council of State to be replaced.

Article 12
(Termination of temporary replacement)

1. In the case of termination of suspension or of concurrence of positions, the replaced member of the Council of State will automatically resume office.

2. Should termination of the temporary replacement take place relative to the members of the Council of State referred to under item g) of article 2, the member appointed by the President of the Republic to substitute him terminates his office.

3. Should temporary replacement be terminated with respect to members of the Council of State referred to under item h) of article 2, the office is terminated of the substitute member of the Council of State placed last in the order of precedence of the list of candidates in which the member who resumed office had been proposed.

CHAPTER III
Immunities

Article 13
(Irresponsibility)

The members of the Council of State are not civilly, criminally or disciplinary answerable due to the votes taken and opinions issued in the exercise of their office.

Article 14
(Inviolability)

1. No member of the Council of State may be detained or arrested without authorization of the Council, unless due to an offence punishable by a major sentence or caught in flagrante delicto.

2. Should a criminal procedure be moved against a member of the Council of State and this member indicted definitely or committed for trial, except in the case of an offence punishable by a major sentence, the Council shall decide whether such member should, or not, be suspended for the purpose of the criminal procedure to continue its terms.

CHAPTER IV
Rights and benefits

Article 15
(Intervention in legal procedures)

1. The office of member of the Council of State is an impediment to being appointed as a juror.

2. Members of the Council of State may not exercise duties as experts, witnesses or declarants without the Council’s authority.

Article 16
(Absence from official acts or functions)

Absences of the members of the Council of State, derived from exercising their office, from official acts or functions not connected with the Council, is always considered as a justified motive for postponement, without costs.

Article 17
(Rights and benefits)

Members of the Council of State have the following rights and benefits:

• Free entry, considered as free circulation, in the exercise of their office or because of it, in public areas with conditioned access;
• To be supplied by any public institution with the official publications considered useful for the exercise of their office;
• Special passport, during their term of office;
• Special identification card, as described in the model annexed to this law, during their term of office;
• Handling and use of a weapon for defence, free of charge, independently from license or reporting;
• Postponement of national service, civil and military mobilization or civic service.

Article 18
(Reimbursement of expenses)

1. Members of the Council of State have the right to be reimbursed of expenses with public or private transport used in the exercise of their office.

2. Members of the Council of State also have the right to daily allowances as set for the members of the Government, paid for the day or days in succession when present at a meeting of the Council, and 2 extra.

Article 19
(Costs)

The costs resulting from the implementation of this law will be carried by the State budget with respect to the Presidency of the Republic.

Approved on July 3, 1984
The Speaker of Parliament, Manuel Alfredo Tito de Morais.
Enacted on August 7, 1984
Publish.
The President of the Republic, ANTÓNIO RAMALHO EANES
Countersigned on August 22, 1984
The Prime Minister, Mário Soares.