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COUNCIL OF STATE - Constitutional Principles Click here to reduce font size|Click here to increase font size

CONSTITUTION OF THE PORTUGUESE REPUBLIC

PART III
Organization of political power

HEADING II
President of the Republic

CHAPTER III
Council of State

Article 141
(Definition)

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


Article 142
(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 143
(Empowering and mandate)

1. The members of the Council of State are empowered by the President of the Republic.

2. The members of the Council of State appointed in accordance with items a) to e) of Article 142 shall remain in office whilst holding their respective positions.

3. The members of the Council of State appointed in accordance with items g) and h) of article 142 shall remain in Office until those that replace them are empowered in their respective offices.


Article 144
(Organization and operation)

1. The Council of State shall establish its own rules of procedure.

2. The meetings of the Council of State are not open to the public.


Article145
(Remit)

The remit of the Council of State is:

  • Provide an opinion on the dissolution of Parliament or of the Legislative Assemblies of the autonomous regions;
  • Provide an opinion on the dismissal of the Government, in the case foreseen under No. 2 of article 195;
  • Provide an opinion on declaration of war and making peace;
  • Provide an opinion on the acts of the interim President of the Republic referred under article 139.
  • Provide an opinion upon the remaining cases foreseen in the Constitution and, in general, counsel the President of the Republic in the exercise of his duties, when so requested.


Article 146
(Issue of opinions)

The opinions of the Council of State foreseen under items a) to e) of article 145 are issued at the meeting which has been called for the purpose by the President of the Republic and made public when the act to which the opinion refers is put into practice.

 

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You have gained access to the records of the Official Site of the Presidency of the Republic from 9 March 2006 to 9 March 2016.

The contents available here were entered in the site during the 10 year period covering the two mandates of President of the Republic Aníbal Cavaco Silva.