Council of State (Portugal)
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The Council of State (Portuguese: Conselho de Estado, IPA: [kõˈsɐʎu ðɨ (ɨ)ʃˈtaðu]) is a body established by the Portuguese Constitution to advise the President of the Republic in the exercise of many of his or her discretionary powers.[1][2][3]
History
Although there are notices about the existence of a Council of State in Portugal before 1385, the first permanent regiment for its functioning was established by King Sebastian through his charter of 8 September 1569.
The Council of State continued to exist after the establishment of the Constitutional Monarchy in 1821. It was foreseen in the Portuguese Constitutions of 1822, 1826 and 1838.
After the 5 October 1910 revolution that established the Republic in Portugal, the Council of State was abolished, not being foreseen in the Constitution of 1911.
The Council of State was reestablished by the Constitution of 1933. It was again not foreseen by the Constitution of 1976. However, it was reestablished in 1984, following the revision of the Constitution of 1982.
Role
Besides summoning and advising the President whenever asked to do so by him/her, according to the Constitution the Council must be summoned by the President before:[1]
- dissolving the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
- declaring war and making peace, and
- removing the Government.
It must also be summoned by the acting President before:
- setting the date for any election;
- calling an extraordinary sitting of the Parliament;
- appointing the Prime Minister;
- appointing and discharging, upon a proposal from the Govt., the President of the Court of Auditors, the Attorney General and the Chief of the General Staff of the Armed Forces (CGSAF);
- appointing and discharging, upon a proposal from the Govt. and after consulting the CGSAF, an eventual Deputy Chief of the General Staff of the Armed Forces and the Chiefs of Staff of the three armed services;
- exercising the functions of Commander-in-Chief of the Armed Forces;
- appointing ambassadors and extraordinary envoys (upon a proposal from the Govt.), and
- accrediting foreign diplomatic representatives.
Members
According to article 142 of the Constitution, the Council is composed of the following members:[1][2]
- President of the Portuguese Republic (chair the Council)
- President of the Assembly of the Republic
- Prime Minister
- President of the Constitutional Court
- Ombudsman
- President of the Azores Regional Government
- President of the Madeira Regional Government
- Former elected Presidents of the Republic
- Five members designated by the President of the Republic
- Five members elected by the Assembly of the Republic
Members of the Council are immune from prosecution: they may not be brought before a court of law without prior agreement of the Council to lift their immunity or they are no longer serving on the Council.
Current members[4]
| Office | Member |
|---|---|
| President of the Republic and chair of the Council | Marcelo Rebelo de Sousa |
| President of the Assembly of the Republic | Eduardo Ferro Rodrigues |
| Prime Minister | António Costa |
| President of the Constitutional Court | Manuel da Costa Andrade |
| Ombudsman | Maria Lúcia Amaral |
| President of the Regional Government of Azores | Vasco Cordeiro |
| President of the Regional Government of Madeira | Miguel Albuquerque |
| Former elected Presidents of the Republic | António Ramalho Eanes |
| Jorge Sampaio | |
| Aníbal Cavaco Silva | |
| Designated by the President of the Republic | António Damâsio |
| Eduardo Lourenço | |
| Luís Marques Mendes | |
| António Lobo Xavier | |
| Leonor Beleza | |
| Elected by the Assembly of the Republic | Carlos César |
| Francisco Louçã | |
| Domingos Abrantes | |
| Francisco Pinto Balsemão | |
| Adriano Moreira |
Former members
| Office | Member |
|---|---|
| Former elected President | Mário Soares (1996–2017) |
| Designated by President Rebelo de Sousa | António Guterres (resigned Nov. 2016) |
| Designated by President Aníbal Cavaco Silva | Leonor Beleza |
| João Lobo Antunes | |
| António Bagão Félix | |
| Vítor Bento | |
| Elected by Parliament in 2011 | Francisco Pinto Balsemão |
| António José Seguro (resigned Sep. 2014) | |
| Alfredo Bruto da Costa (replaced Seguro) | |
| Luís Marques Mendes | |
| Manuel Alegre | |
| Luís Filipe Menezes |
References
- ^ a b c "Constitution of the Portuguese Republic" (PDF). Assembleia da República. Retrieved 12 January 2019.
{{cite web}}: CS1 maint: url-status (link) - ^ a b "Portugal - The Council of State". Country Studies. Retrieved 12 January 2019.
{{cite web}}: CS1 maint: url-status (link) - ^ "Portugal - Government and society". Encyclopædia Britannica. 5 January 2019. Retrieved 12 January 2019.
{{cite web}}: CS1 maint: url-status (link) - ^ "Council of State - Members". Presidency of the Portuguese Republic. Retrieved 12 January 2019.
{{cite web}}: CS1 maint: url-status (link)