Portugal 1976 (rev. 2005)

On the 25th of April 1974 the Armed Forces Movement crowned the long years of resistance and reflected the deepest feelings of the Portuguese people by overthrowing the fascist regime.

Freeing Portugal from dictatorship, oppression and colonialism was a revolutionary change and the beginning of an historic turning point for Portuguese society.

The Revolution restored their fundamental rights and freedoms to the people of Portugal. In the exercise of those rights and freedoms, the people's legitimate representatives have come together to draw up a Constitution that matches the country's aspirations.

The Constituent Assembly affirms the Portuguese people's decision to defend national independence, guarantee fundamental citizens' rights, establish the basic principles of democracy, ensure the primacy of a democratic state based on the rule of law and open up a path towards a socialist society, with respect for the will of the Portuguese people and with a view to the construction of a country that is freer, more just and more fraternal.

Source of constitutional authority

Meeting in plenary session on 2 April 1976, the Constituent Assembly does hereby pass and decree the following Constitution of the Portuguese Republic:

Fundamental principles

Type of government envisioned , Human dignity

Article 1. Portuguese Republic

Portugal shall be a sovereign Republic, based on the dignity of the human person and the will of the people and committed to building a free, just and solidary society.

Article 2. Democratic state based on the rule of law

The Portuguese Republic shall be a democratic state based on the rule of law, the sovereignty of the people, plural democratic expression and organisation, respect for and the guarantee of the effective implementation of fundamental rights and freedoms, and the separation and interdependence of powers, all with a view to achieving economic, social and cultural democracy and deepening participatory democracy.

Article 3. Sovereignty and legality

Sovereignty shall be single and indivisible and shall lie with the people, who shall exercise it in the forms provided for in this Constitution.
The state shall be subject to this Constitution and shall be based on the democratic rule of law.
The validity of laws and other acts of the state, the autonomous regions, local government and any other public bodies shall be dependent on their conformity with this Constitution.

Requirements for birthright citizenship

Article 4. Portuguese citizenship

All persons whom the law or international convention consider to be Portuguese citizens shall be such citizens.

Article 5. Territory

Regional group(s)

Article 6. Unitary state

The state shall be unitary and shall be organised and function in such a way as to respect the autonomous island system of self-government and the principles of subsidiarity, the autonomy of local authorities and the democratic decentralisation of the Public Administration.
The Azores and Madeira archipelagos shall be autonomous regions with their own political and administrative statutes and self-government institutions.

Article 7. International relations

In its international relations Portugal shall be governed by the principles of national independence, respect for human rights, the rights of peoples, equality between states, the peaceful settlement of international conflicts, non-interference in the internal affairs of other states and cooperation with all other peoples with a view to the emancipation and progress of mankind.
Portugal shall advocate the abolition of imperialism, colonialism and all other forms of aggression, dominion and exploitation in the relations between peoples, as well as simultaneous and controlled general disarmament, the dissolution of the political-military blocs and the setting up of a collective security system, all with a view to the creation of an international order with the ability to ensure peace and justice in the relations between peoples.

Right to overthrow government , Right to self determination Regional group(s) Regional group(s) International human rights treaties International law , Legal status of treaties

Article 8. International law

Customary international law International organizations Regional group(s)

Article 9. Fundamental tasks of the state

The fundamental tasks of the state shall be:

To guarantee national independence and create the political, economic, social and cultural conditions that promote it;
To guarantee fundamental rights and freedoms and respect for the principles of a democratic state based on the rule of law;
To defend political democracy and safeguard and encourage citizens' democratic participation in the resolution of national problems;

Protection of environment Protection of environment Protection of language use

Article 10. Universal suffrage and political parties

Secret ballot , Claim of universal suffrage

Article 11. National symbols and official language

National flag National anthem Official or national languages

Part I. Fundamental rights and duties

Title I. General principles

Article 12. Principle of universality

Every citizen shall enjoy the rights and be subject to the duties enshrined in this Constitution.
Bodies corporate shall enjoy such rights and be subject to such duties as are compatible with their nature.

Article 13. Principle of equality

General guarantee of equality

Equality regardless of origin , Equality regardless of race , Equality regardless of financial status , Equality regardless of language , Equality regardless of sexual orientation , Equality regardless of social status , Equality regardless of religion , Equality regardless of creed or belief , Equality regardless of gender , Equality regardless of political party , Equality regardless of parentage

Article 14. Portuguese abroad

Portuguese citizens who find themselves or who reside abroad shall enjoy the state's protection in the exercise of such rights and shall be subject to such duties as are not incompatible with their absence from the country.

Article 15. Foreigners, stateless persons, European citizens

Foreigners and stateless persons who fund themselves or who reside in Portugal shall enjoy the same rights and be subject to the same duties as Portuguese citizens.
Political rights, the exercise of public offices that are not predominantly technical in nature, and the rights that this Constitution and the law reserve exclusively to Portuguese citizens shall be excepted from the provisions of the previous paragraph.
With the exceptions of appointment to the offices of President of the Republic, President of the Assembly of the Republic, Prime Minister and President of any of the supreme courts, and of service in the armed forces and the diplomatic corps, in accordance with the law and subject to reciprocity, such rights as are not otherwise granted to foreigners shall apply to citizens of Portuguese-speaking states who reside permanently in Portugal.
Subject to reciprocity, the law may grant foreigners who reside in Portugal the right to vote for and stand for election as local councillors.

Regional group(s)

Article 16. Scope and interpretation of fundamental rights

The fundamental rights enshrined in this Constitution shall not exclude such other rights as may be laid down by law and in the applicable rules of international law. International human rights treaties

Article 17. Rules governing rights, freedoms and guarantees

The set of rules governing rights, freedoms and guarantees shall apply to those set out in Title II and to fundamental rights of a similar nature.

Article 18. Legal force

Binding effect of const rights

Article 19. Suspension of the exercise of rights

Emergency provisions Emergency provisions Emergency provisions Emergency provisions Emergency provisions

Article 20. Access to law and effective judicial protection

Right to counsel Right to counsel Right to fair trial Right to overthrow government

Article 21. Right of resistance

Everyone shall possess the right to resist any order that infringes their rights, freedoms or guarantees and, when it is not possible to resort to the public authorities, to use force to repel any aggression.

Article 22. Liability of public bodies

Jointly with their officeholders, staff and agents, the state and all other public bodies shall be civilly liable for such actions or omissions in the performance of their functions as result in a breach of rights, freedoms or guarantees or in any loss to others.

Article 23. Ombudsman

Citizens may submit complaints against actions or omissions by the public authorities to the Ombudsman, who shall assess them without the power to take decisions and shall send the competent bodies such recommendations as may be necessary in order to prevent or make good any injustices.
The Ombudsman's work shall be independent of any acts of grace or legal remedies provided for in this Constitution or the law.
The Ombudsman's office shall be an independent body and the Assembly of the Republic shall appoint the Ombudsman for such time as the law may determine.
The bodies and agents of the Public Administration shall cooperate with the Ombudsman in the fulfilment of his mission.

Title II. Rights, freedoms and guarantees

Chapter I. Personal rights, freedoms and guarantees

Right to life

Article 24. Right to life

Inalienable rights Prohibition of capital punishment Inalienable rights

Article 25. Right to personal integrity

Every person's moral and physical integrity shall be inviolable. Prohibition of torture , Prohibition of cruel treatment

Article 26. Other personal rights

Right to development of personality , Right to privacy , Right to protect one's reputation Protection from unjustified restraint

Article 27. Right to freedom and security

Everyone shall possess the right to freedom and security.
No one may be wholly or partially deprived of their freedom, except as a consequence of a judicial sentence imposed for the practise of an act that is punishable by law with a prison term or the imposition by a court of a security measure.
The following cases of deprivation of freedom for such time and under such conditions as the law may determine shall be exceptions to this principle:
1. Detention in flagrante delicto;
2. Detention or remand in custody where there is strong evidence of the commission of a serious crime punishable by imprisonment for a maximum term of more than three years;
Power to deport citizens Right to appeal judicial decisions Privileges for juveniles in criminal process Protection from false imprisonment
Article 28. Remand in custody
Right to pre-trial release
Article 29. Application of criminal law
Protection from ex post facto laws , Principle of no punishment without law Protection from ex post facto laws Prohibition of double jeopardy Protection from false imprisonment
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.
Protection from unjustified restraint
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
Right to appeal judicial decisions Presumption of innocence in trials , Right to speedy trial Right to counsel Protection of victim's rights Regulation of evidence collection , Telecommunications
Article 33. Deportation, extradition and right of asylum
Extradition procedure Protection of stateless persons Extradition procedure Protection of stateless persons Regulation of evidence collection , Inalienable rights
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.
Terrorism , Drugs, alcohol, and illegal substances Telecommunications Right to information
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 nondiscrimination, 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
Right to found a family , Provision for matrimonial equality , Regulation of marriage Provision for matrimonial equality , Rights or duties of parents Rights or duties of parents Freedom of expression
Article 37. Freedom of expression and information
Freedom of press Freedom of press
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:
  1. 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;
  2. 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;
  3. The right to found newspapers and any other publications, regardless of any prior administrative authorisation, bond or qualification.
  State operation of the media Radio , State operation of the media , Television State operation of the media
  Article 39. Regulation of the media
  Media commission
  State operation of the media Media commission Television , Radio
  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.
  Inalienable rights
  Article 41. Freedom of conscience, religion and worship
  Freedom of religion , Freedom of opinion/thought/conscience Official religion , Separation of church and state Right to conscientious objection Reference to science , Reference to art
  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
  Freedom of movement
  Article 45. Right to meet and to demonstrate
  Freedom of assembly
  Article 46. Freedom of association
  Freedom of association Freedom of association Right to choose occupation
  Article 47. Freedom to choose a profession and to join the Public Administration
  Civil service recruitment
  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.
  Eligibility for first chamber , Restrictions on voting , Minimum age for first chamber
  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.
  Right to form political parties
  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.
  Restrictions on political parties Restrictions on political parties Restrictions on political parties Campaign financing Right of petition
  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:
    Protection of environment
    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:
      1. To receive all the information needed to perform their tasks;
      2. To monitor the management of businesses;
      3. To participate in corporate restructuring processes, especially in relation to training actions or when working conditions are altered;
      4. To take part in drawing up labour legislation and economic and social plans that address their sector;
      5. To manage, or participate in the management of, businesses' social activities;
      6. 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
      Right to join trade unions , Reference to fraternity/solidarity
      1. Freedom to form trade unions at every level;
      2. Freedom of membership. No worker shall be obliged to pay dues to a union to which he does not belong;
      3. Freedom to determine the organisation and internal regulations of trade unions;
      4. The right to engage in trade union activities in businesses;
      5. The right to political views, in the forms laid down in the respective by-laws.
      Reference to fraternity/solidarity , Mentions of social class
      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:
        
        To take part in drawing up labour legislation;
        Mentions of social class
        Article 57. Right to strike and prohibition of lock-outs
        Right to strike Right to strike
        Title III. Economic, social and cultural rights and duties
        
        Chapter I. Economic rights and duties
        Right to work
        Article 58. Right to work
        
        Everyone shall possess the right to work.
        
        In order to ensure the right to work, the state shall be charged with promoting:
        
        The implementation of full-employment policies;
        
        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;
        
        Cultural and technical training and vocational development for workers.
        
        Article 59. Workers' rights
        
        Equality regardless of nationality , Equality regardless of creed or belief , Equality regardless of political party , Equality regardless of race , Equality regardless of religion , Equality regardless of origin , Equality regardless of gender , Equality regardless of age
        Right to reasonable standard of living , Right to just remuneration Human dignity Right to safe work environment Right to rest and leisure State support for the unemployed Right to reasonable standard of living Protection of consumers
        Article 60. Consumer rights
        
        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.
        
        Advertising shall be regulated by law and all forms of concealed, indirect or fraudulent advertising shall be prohibited.
        
        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
        Right to competitive marketplace , Right to establish a business
        Article 62. Right to private property
        Right to transfer property , Right to own property Protection from expropriation
        Chapter II. Social rights and duties
        
        Article 63. Social security and solidarity
        
        Everyone shall have the right to social security.
        
        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.
        
        State support for the disabled , State support for the elderly , State support for the unemployed , State support for children
        Reference to fraternity/solidarity Right to health care
        Article 64. Health
        
        Everyone shall possess the right to health protection and the duty to defend and promote health.
        
        The right to health protection shall be fulfilled:
        
        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;
        Protection of environment
        
        To guarantee access by every citizen, regardless of his economic situation, to preventive, curative and rehabilitative medical care;
        
        To guarantee a rational and efficient nationwide coverage in terms of healthcare units and human resources;
        
        To work towards the public funding of the costs of medical care and medicines;
        
        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;
        
        To regulate and control the production, distribution, marketing, sale and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis;
        
        To establish policies for the prevention and treatment of drug abuse.
        
        Article 65. Housing and urban planning
        Right to shelter
        
        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;
        
        In cooperation with the autonomous regions and local authorities, promoting the construction of low-cost and social housing;
        
        Stimulating private construction, subject to the general interest, and access to owned or rented housing;
        
        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.
        
        Protection of environment
        Article 66. Environment and quality of life
        
        Everyone shall possess the right to a healthy and ecologically balanced human living environment and the duty to defend it.
        
        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:
        
        Preventing and controlling pollution and its effects and the harmful forms of erosion;
        
        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;
        
        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;
        Reference to fraternity/solidarity
        Article 67. Family
        
        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.
        
        In order to protect the family, the state shall particularly be charged with:
        
        Promoting the social and economic independence of family units;
        
        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;
        
        Cooperating with parents in relation to their children's education;
        Right to found a family Human dignity
        Article 68. Fatherhood and motherhood
        Rights or duties of parents Rights of children
        Article 69. Childhood
        
        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.
        
        The state shall ensure special protection for children who are orphaned, abandoned or deprived of a normal family environment in any way.
        Limits on employment of children Rights of children
        Article 70. Youth
        
        In order to ensure the effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly:
        
        In education, vocational training and culture;
        
        In access to their first job, at work and in relation to social security;
        
        In access to housing;
        
        In physical education and sport;
        
        In the use of their free time.
        
        Right to development of personality
        Article 71. Disabled citizens
        
        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.
        Reference to fraternity/solidarity
        Article 72. The elderly
        
        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.
        
        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
        
        Everyone shall possess the right to education and culture.
        Right to development of personality , Reference to fraternity/solidarity Reference to science , Right to enjoy the benefits of science
        Article 74. Education
        
        Everyone shall possess the right to education, and the right to equal opportunities and to access to and success in schooling shall be guaranteed.
        
        In implementing the education policy, the state shall be charged with:
        
        Compulsory education , Free education Free education Protection of language use
        Article 75. Public, private and cooperative education
        
        The state shall create a network of public education establishments that covers the needs of the whole population.
        
        The state shall recognise and inspect private and cooperative education, as laid down by law.
        
        Article 76. University and access to higher education
        Access to higher education Right to academic freedom
        Article 77. Democratic participation in education
        Right to academic freedom
        Article 78. Cultural enjoyment and creation
        Right to culture
        
        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;
        
        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;
        
        Promoting the safeguarding and enhancement of the cultural heritage and making it an element that inspires a common cultural identity;
        
        Developing cultural relations with all peoples, especially those that speak Portuguese, and ensuring the defence and promotion of Portuguese culture abroad;
        
        Coordinating the cultural policy with the other sectoral policies.
        
        Article 79. Physical education and sport
        
        Everyone shall possess the right to physical education and sport.
        
        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:
        
        Economic power shall be subordinated to democratic political power;
        
        The public, private and cooperative and social sectors shall coexist in the ownership of the means of production;
        
        Within the overall framework of a mixed economy, there shall be freedom of business initiative and organisation;
        Ownership of natural resources
        Article 81. Primary duties of the state
        
        In the economic and social field the state shall be under a primary duty:
        Mentions of social class Right to competitive marketplace Protection of consumers
        Article 82. Sectors of ownership of the means of production
        
        The coexistence of three sectors of ownership of the means of production shall be guaranteed.
        
        The public sector shall comprise such means of production as should rightly belong to and be managed by the state or other public bodies.
        
        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.
        
        The cooperative sector shall specifically comprise:
        
        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;
        
        Community means of production possessed and managed by local communities;
        
        Means of production operated by worker collectives;
        Reference to fraternity/solidarity
        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
        Ownership of natural resources
        
        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;
        
        Airspace over Portuguese territory, above the recognised limit for proprietary or surface rights;
        
        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;
        
        Roads;
        
        National railway lines;
        
        Such other property as may be classified as such by law.
        
        Article 85. Cooperatives and worker-management experiments
        
        The state shall stimulate and support the creation and activities of cooperatives.
        
        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.
        
        The state shall support such worker-management experiments as are viable.
        
        Article 86. Private businesses
        
        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.
        
        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.
        
        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
        
        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.
        
        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
        Economic plans , Protection of environment
        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
        
        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.
        
        Government bills in relation to the Major Options shall be accompanied by reports setting out the grounds therefore.
        
        National Plans shall be implemented on a decentralised, regional and sectoral basis.
        
        Article 92. Economic and Social Council
        Economic plans
        Title III. Agricultural, commercial and industrial policies
        
        Article 93. Agricultural policy objectives
        
        The objectives of the agricultural policy shall be:
        
        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;
        
        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;
        
        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;
        
        To ensure the rational use and management of the soil and other natural resources and to maintain their regenerative capability;
        
        To encourage farmers to form and join associations and to directly work the land.
        
        Article 94. Elimination of very large estates
        
        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.
        
        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
        
        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.
        
        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.
        
        Provisions for wealth redistribution
        Article 97. State assistance
        
        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.
        
        Such state assistance shall particularly comprise:
        
        The grant of technical assistance;
        
        The creation of forms of marketing and sales support upstream and downstream from production itself;
        
        Support for the coverage of risks resulting from unpredictable or uncontrollable climatic or phytopathological conditions;
        
        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:
        
        Healthy competition between commercial agents;
        
        The rationalisation of distribution circuits;
        
        To combat speculative activities and restrictive commercial practises;
        
        The development and diversification of external economic relations;
        
        Consumer protection.
        
        Article 100. Industrial policy objectives
        
        The objectives of the industrial policy shall be:
        
        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;
        
        The reinforcement of industrial and technological innovation;
        
        The increase of the competitivity and productivity of industrial businesses;
        Right to work
        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.
        Central bank
        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
        
        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.
        
        Taxes shall be created by laws, which shall determine their applicability and rate, fiscal benefits and such guarantees as may accrue to taxpayers.
        
        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
        
        Personal income tax shall aim to reduce inequalities, shall be single and progressive and shall pay due regard to family needs and incomes.
        
        Businesses shall essentially be taxed on their real income.
        
        The taxation of assets shall contribute to equality between citizens.
        
        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.
        
        Budget bills
        Article 105. Budget
        
        The State Budget shall contain:
        
        A breakdown of the state's income and expenditure, including that of autonomous funds and departments;
        
        The social security budget.
        
        Budget bills
        Article 106. Drawing up the Budget
        
        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.
        
        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.
        
        The Budget bill shall be accompanied by reports on:
        
        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;
        
        The grounds for variations in the income and expenditure forecasts compared to the previous Budget;
        
        The public debt, treasury operations and the Treasury accounts;
        
        The situation of autonomous funds and departments;
        
        Transfers of funds to the autonomous regions and local authorities;
        
        Such financial transfers between Portugal and other countries as affect the proposed Budget;
        
        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.
        Claim of executive independence
        Article 110. Bodies that exercise sovereign power
        
        The President of the Republic, the Assembly of the Republic, the Government and the Courts shall constitute bodies that exercise sovereign power.
        
        The formation, composition, responsibilities and power and modus operandi of the bodies that exercise sovereign power shall be those laid down by this Constitution.
        
        Claim of executive independence
        Article 111. Separation and interdependence
        
        Bodies that exercise sovereign power shall be separate and interdependent as laid down by this Constitution.
        
        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
        
        Legislation shall comprise laws, executive laws and regional legislative decrees.
        
        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.
        
        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.
        
        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.
        
        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.
        
        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.
        
        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.
        Regional group(s)
        Article 113. General principles of electoral law
        
        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.
        
        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.
        
        Election campaigns shall be governed by the following principles:
        
        Freedom of propaganda;
        
        Equal opportunities and treatment for all candidatures;
        
        The impartiality of public bodies towards all candidatures;
        
        The transparency and scrutiny of electoral accounts.
        
        Article 114. Political parties and right to opposition
        
        Political parties shall hold seats in the bodies that are elected by universal, direct suffrage in accordance with their proportion of election results.
        
        Minorities shall possess the right to democratic opposition, as laid down by this Constitution and the law.
        
        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
        
        Alterations to this Constitution;
        
        Issues and acts with a budgetary, tax-related or financial content;
        
        The matters provided for in Article 161, without prejudice to the provisions of the following paragraph;
        
        The matters provided for in Article 164, save the provisions of subparagraph i).
        
        Article 116. Collegiate bodies
        Public or private sessions
        Article 117. Status of political officeholders
        
        Political officeholders shall be politically, civilly and criminally liable for their actions and omissions in the exercise of their functions.
        
        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.
        
        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.
        
        Term limits for first chamber
        Article 118. Renewal principle
        
        No one shall hold any national, regional or local political office for life.
        
        The law may specify limits on successive renewals of mandates of holders of executive political office.
        
        Article 119. Publicising of acts
        
        The following shall be published in the official journal – the Diário da República:
        
        Laws concerning the Constitution;
        
        International agreements and the applicable ratification notices, together with the rest of the notices in relation thereto;
        
        Laws, executive laws and regional legislative decrees;
        Head of state decree power
        Title II. President of the Republic
        
        Chapter I. Status, role and election
        Name/structure of executive(s) , Designation of commander in chief
        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
        Head of state selection Minimum age of head of state , Eligibility for head of state
        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
        Head of state term limits
        Article 124. Nominations
        
        Nominations for President of the Republic shall be put forward by at least seven thousand five hundred and at most fifteen thousand registered electors.
        
        Nominations shall be submitted to the Constitutional Court at least thirty days prior to the date set for the election.
        
        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.
        
        Scheduling of elections
        Article 125. Date of election
        
        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.
        
        Elections shall not take place during the ninety days prior to or following the date of elections to the Assembly of the Republic.
        
        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.
        
        Head of state selection
        Article 126. Electoral system
        
        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.
        
        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.
        
        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
        
        The President elect shall take office before the Assembly of the Republic.
        
        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.
        Oaths to abide by constitution 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
        Head of state term length
        Article 129. Absence from Portuguese territory
        
        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.
        
        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.
        
        Failure to comply with the provisions of (1) above shall automatically entail loss of office.
        
        Head of state removal
        Article 130. Criminal liability
        Head of state immunity
        Article 131. Resignation
        
        The President of the Republic may resign by means of a message addressed to Assembly of the Republic.
        
        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
        Head of state replacement
        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:
        
        Chairing the Council of State;
        
        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;
        
        Calling extraordinary sittings of the Assembly of the Republic;
        
        Addressing messages to the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
        Dismissal of the legislature Head of government selection Cabinet removal , Head of government removal Cabinet removal Attorney general Selection of active-duty commanders Head of state powers
        Article 134. Personal responsibilities
        
        The President of the Republic shall be personally responsible for:
        
        Performing the functions of Commander-in-Chief of the Armed Forces;
        Head of government decree power Emergency provisions Power to pardon Head of government decree power Head of state powers , Foreign affairs representative
        Article 135. Responsibilities in international relations
        
        In international relations the President of the Republic shall be responsible for:
        
        Appointing ambassadors and extraordinary envoys upon a proposal from the Government, and accrediting foreign diplomatic representatives;
        Treaty ratification Power to declare/approve war
        Article 136. Enactment and veto
        Approval or veto of general legislation Veto override procedure Veto override procedure , Supermajority required for legislation
        
        External relations;
        
        Boundaries between the public, private and cooperative sectors in relation to the ownership of the means of production;
        
        Such regulations governing the electoral acts provided for by this Constitution as do not take the form of an organic law.
        
        Head of government decree power
        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.
        Emergency provisions
        Article 138. Declaration of a state of siege or a state of emergency
        
        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.
        
        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
        
        Acting Presidents of the Republic shall not undertake any of the acts provided for in Articles 133e and n and 134c.
        
        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
        
        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.
        
        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
        Advisory bodies to the head 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:
        
        The President of the Assembly of the Republic;
        
        The Prime Minister;
        
        The President of the Constitutional Court;
        
        Article 143. Installation and term of office
        
        The members of the Council of State shall be installed by the President of the Republic.
        
        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.
        
        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
        
        The Council of State shall be responsible for drawing up its own Rules of Procedure.
        
        Council of State meetings shall not be public.
        
        Article 145. Responsibilities
        
        The Council of State shall be responsible for:
        
        Giving its opinion on dissolutions of the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
        
        Giving its opinion on the removal of the Government in the case provided for in Article 195(2);
        Power to declare/approve war
        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
        Structure of legislative chamber(s)
        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.
        First chamber selection
        Article 149. Constituencies
        Electoral districts Eligibility for first chamber , Minimum age for first chamber
        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
        
        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.
        
        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
        
        The law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast.
        
        Members shall represent the whole country and not the constituencies for which they are elected.
        
        Article 153. Beginning and end of term of office
        
        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.
        Replacement of legislators
        Article 154. Incompatibilities and prevention from exercise of office
        Eligibility for cabinet
        Article 155. Exercise of the office of Member
        
        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.
        
        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.
        
        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:
        
        To submit draft amendments to the Constitution;
        Legislative oversight of the executive Legislative oversight of the executive Immunity of legislators
        Article 157. Immunities
        
        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.
        
        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.
        
        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.
        
        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:
        
        Deferment of military, civic and civil defence service;
        
        Freedom of movement and the right to a special passport during official trips abroad;
        
        A special identity card;
        
        Such allowances as the law may lay down.
        
        Article 159. Duties
        
        Members shall possess the following duties:
        
        To attend plenary sittings and any committees to which they belong
        
        To perform such offices in the Assembly and such functions as they are appointed to upon proposals by their respective parliamentary groups;
        
        To take part in voting.
        
        Removal of individual legislators
        Article 160. Loss and resignation of seat
        
        Members shall lose their seat in the event that:
        They become subject to any of the disqualifications or incompatibilities laid down by law;
        Attendance by legislators
        Chapter II. Responsibilities
        
        Article 161. Political and legislative responsibilities
        
        The Assembly of the Republic shall be responsible for:
        Constitution amendment procedure Federal review of subnational legislation Power to pardon Budget bills Finance bills Treaty ratification Emergency provisions Power to declare/approve war Regional group(s)
        Article 162. Responsibility to scrutinise
        
        In the performance of its scrutiny functions the Assembly of the Republic shall be responsible for:
        Legislative oversight of the executive Head of government decree power First chamber reserved policy areas
        Article 163. Responsibilities in relation to other bodies
        
        In relation to other bodies the Assembly of the Republic shall be responsible for:
        
        Witnessing the President of the Republic's installation;
        
        Consenting to the President of the Republic's absence from Portuguese territory;
        
        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;
        
        Considering the Government's Programme;
        
        Voting on motions of confidence or no confidence in the Government;
        Regional group(s) First chamber reserved policy areas
        Article 164. Exclusive responsibility to legislate
        
        The Assembly of the Republic shall possess exclusive responsibility to legislate on the following matters:
        
        Elections to bodies that exercise sovereign power;
        
        Rules to be used in referenda;
        
        The organisation, operation and proceedings of the Constitutional Court;
        
        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;
        
        Rules governing states of siege and states of emergency;
        Conditions for revoking citizenship Regional group(s)
        Article 165. Partially exclusive responsibility to legislate
        
        Unless it also authorises the Government to do so, the Assembly of the Republic shall possess exclusive responsibility to legislate on the following matters:
        
        People's status and legal capacity;
        
        Rights, freedoms and guarantees;
        
        The definition of crimes, sentences, security measures and the preconditions therefore, and the laying down of criminal procedure;
        
        The general rules for punishing disciplinary infractions, and those governing administrative offences and the applicable proceedings;
        
        The general rules governing requisitions and expropriations in the public interest;
        
        The basic elements of the social security system and the national health service;
        
        The basic elements of the rules for protecting nature, the ecological balance and the cultural heritage;
        
        The general rules governing rural and urban rentals;
        
        The creation of taxes and the fiscal system, and the general rules governing duties and other financial payments to public bodies;
        
        The definition of sectors of ownership of the means of production, including that of basic sectors in which private businesses and other bodies of a similar nature shall be forbidden to act;
        
        The means and forms of intervention, expropriation, nationalisation and privatisation of and in relation to means of production and soils in the public interest, together with criteria for setting compensation in such cases;
        
        The rules governing economic and social development plans and the composition of the Economic and Social Council;
        
        The basic elements of the agricultural policy, including the setting of the maximum and minimum limits for farming units;
        
        The monetary system and the standard for weights and measures;
        
        The organisation and responsibilities of the courts and the Public Prosecutors' Office and the status and role of the respective judges, as well as the organisation and responsibilities of non-judicial conflict settlement bodies;
        
        The status and role of local authorities, including the rules governing local finances;
        
        Participation in local government by residents' organisations;
        
        Public associations, guarantees available to users of the Public Administration, and the Public Administration's civil liability;
        
        The basic elements of the rules governing, and the scope of, the Public Administration;
        
        The basic general elements of the status of public companies and public foundations;
        
        The definition of, and the rules governing, property in the public domain;
        
        The rules governing means of production that are integrated into the cooperative and social sector of ownership;
        
        The basic elements of town and country and urban planning;
        
        The rules governing municipal police forces and the form in which they are created.
        
        Article 166. Form of acts
        
        The acts provided for in Article 161a shall take the form of constitutional laws.
        
        The acts provided for in Articles 164a to f, h, j, the first part of l, q and t and 255 shall take the form of organisational laws
        
        The acts provided for in Article 161b to h shall take the form of laws.
        
        The acts provided for in Article 163d and e shall take the form of motions.
        
        The remaining acts of the Assembly of the Republic shall take the form of resolutions, as shall those of the Standing Committee provided for in Article 179(3)e and f.
        
        Resolutions shall be published regardless of their enactment.
        
        Article 167. Initiative in relation to legislation and referenda
        Initiation of general legislation , Legislative initiatives by citizens
        Article 168. Discussion and voting
        
        The discussion of bills shall comprise a debate on the general principles and another on the details.
        
        Voting shall comprise a vote on the general principles, another on the details and a final overall vote.
        
        In the event that the Assembly so decides, texts that are passed on the general principles shall be put to the vote on the details in committee, without prejudice to the Assembly's power to mandate the Plenary to put the details to the vote, or to the final overall vote by the Plenary.
        
        The details of laws on the matters provided for in Articles 164a to f, h, n and o and 165(1)q shall obligatorily be put to the vote by the Plenary.
        Organic laws Supermajority required for legislation
        
        The law governing the media regulatory body;
        
        The rules governing the provisions of Article 118(2);
        
        The law that regulates the exercise of the right provided for in Article 121(2);
        
        The provisions of the laws that regulate the matters referred to in Articles 148 and 149, and those concerning the system and method for electing the bodies provided for in Article 239(3);
        
        The provisions that regulate the subject matter of Article 164o;
        
        Those provisions of the political and administrative statutes of the autonomous regions that set out the matters which are covered by the autonomous regions' power to legislate.
        
        Article 169. Parliamentary consideration of legislation
        Head of government decree power Head of government decree power Head of government decree power Head of government decree power
        Article 170. Emergency proceedings
        
        Upon the initiative of any Member, or parliamentary group, or the Government, the Assembly of the Republic may declare any bill or draft resolution to be the object of emergency proceedings.
        
        Upon the initiative of the Legislative Assembly of the autonomous region in question, the Assembly may also declare any regional government bill to be the object of emergency proceedings.
        
        Chapter III. Organisation and proceedings
        
        Article 171. Legislatures
        
        Each legislature shall last for four legislative sessions.
        
        In the event of the dissolution of the Assembly, the newly elected Assembly shall commence a new legislature, the duration of which shall be extended at the beginning by such time as is needed to complete the period that corresponds to the legislative session that was in progress at the date of the election.
        
        Article 172. Dissolution
        Dismissal of the legislature , Emergency provisions
        Article 173. Sitting following elections
        
        The Assembly of the Republic shall sit by right on the third day following the calculation of the general results of its election, or, in the case of elections called because a legislature is due to reach its term and the said third day falls before the said legislature reaches its term, on the first day of the following legislature.
        
        In the event that such date falls when the Assembly is not in full session, it shall sit for the purposes of Article 175.
        
        Article 174. Legislative sessions, full sessions and calling
        Length of legislative sessions Length of legislative sessions Extraordinary legislative sessions Extraordinary legislative sessions
        Article 175. Internal responsibilities of the Assembly
        
        The Assembly of the Republic shall be responsible for:
        
        Drawing up its Rules of Procedure, as laid down by this Constitution;
        Leader of first chamber Standing committees
        Article 176. Order of business of plenary sittings
        
        The President of the Assembly of the Republic shall set the order of business in accordance with the priority set out in the Rules of Procedure and without prejudice to the right of appeal to the Assembly's Plenary, or to the power provided to the President of the Republic under Article 174(4).
        
        The Government and parliamentary groups may request that priority be given to matters of national interest that require urgent resolution.
        
        Every parliamentary group shall possess the right to set the order of business of a certain number of sittings in accordance with criteria to be laid down by the Rules of Procedure, in which respect the position of minority parties and parties that are not represented in the Government shall always be safeguarded.
        
        Legislative Assemblies of autonomous regions may request that priority be given to matters of regional interest that require urgent resolution.
        
        Article 177. Attendance by members of the Government
        
        Ministers shall possess the right to attend the Assembly of the Republic's plenary sittings, at which they may be assisted or substituted by their Secretaries of State, and both shall possess the right to speak, all as laid down by the Rules of Procedure.
        Legislative oversight of the executive Legislative oversight of the executive Legislative committees
        Article 178. Committees
        
        The Assembly of the Republic shall have such committees as may be provided for by the Rules of Procedure, and may form ad hoc committees of inquiry or for any other given purpose.
        
        Committees shall be composed in proportion to the number of seats each party holds in the Assembly of the Republic.
        
        Petitions addressed to the Assembly shall be considered by a committee or committees formed especially for the purpose, which may hear other committees with responsibility for the matter in question and in all cases may ask any citizen to testify.
        
        Without prejudice to their formation in accordance with the normal provisions, and up to a limit of one per Member and per legislative session, parliamentary committees of inquiry shall obligatorily be formed when a motion is made to that effect by one fifth of all the Members in full exercise of their office.
        
        Parliamentary committees of inquiry shall possess the investigative powers of the judicial authorities.
        
        The chairmanships of the various committees shall be divided between the parliamentary groups in proportion to the number of each group's Members.
        
        Representatives of the Legislative Assembly of the autonomous region in question may participate in committee meetings at which regional legislative proposals are discussed, as laid down by the Rules of Procedure.
        
        Standing committees
        Article 179. Standing Committee
        
        Outside periods in which the Assembly of the Republic is in full session, during periods in which it is dissolved, and in the remaining cases provided for by this Constitution, the Assembly of the Republic's Standing Committee shall be in session.
        
        The Standing Committee shall be chaired by the President of the Assembly of the Republic and shall also be composed of the Vice-Presidents and of Members nominated by each of the parties, each in proportion to the number of seats it holds in the Assembly.
        
        The Standing Committee shall be responsible for:
        
        Scrutinising compliance with this Constitution and the laws and monitoring the activities of the Government and the Public Administration;
        
        Exercising the Assembly's powers in relation to Members' mandates;
        
        Taking steps to call the Assembly whenever necessary;
        
        Preparing the opening of legislative sessions;
        
        Consenting to the President of the Republic's absence from the country;
        
        Authorising the President of the Republic to declare a state of siege or a state of emergency, to declare war or to make peace.
        
        Article 180. Parliamentary groups
        
        The Members elected for each party or coalition of parties may form a parliamentary group.
        
        Each parliamentary group shall possess the following rights:
        
        To take part in Assembly committees in proportion to the number of its Members, and to appoint its representatives on such committees;
        
        To be consulted when the order of business is set, and to appeal to the Plenary against that order of business;
        
        To cause the holding of emergency debates on issues of urgent current public interest, which the Government shall attend;
        
        In each legislative session, to cause the holding of two debates on a matter of general or sectoral policy, by calling on the Government to attend the Assembly;
        
        To ask the Standing Committee to take steps to convene the Plenary;
        
        To move the formation of parliamentary committees of inquiry;
        
        To initiate legislation;
        
        To make motions rejecting the Government's Programme;
        
        To make motions of no confidence in the Government;
        
        To be regularly and directly informed by the Government as to the situation and progress of the main matters of public interest.
        
        Article 181. Assembly staff and specialists
        
        The Assembly and its committees shall be assisted in their work by a permanent body of technical and administrative staff, and by specialists on assignment or under temporary contracts. The number of such staff and specialists shall be the that which the President considers necessary.
        
        Title IV. Government
        
        Chapter I. Function and structure
        
        Article 182. Definition
        
        The Government shall be the body that conducts the country's general policy and the supreme authority in the Public Administration.
        Name/structure of executive(s)
        Article 183. Composition
        
        The Government shall be composed of the Prime Minister, Ministers and Secretaries and Under Secretaries of State.
        
        The Government may include one or more Deputy Prime Ministers.
        
        The number, name and responsibilities of the ministries and secretary-of-state's offices and the means of coordination between them shall be laid down in each case by the decree appointing their officeholders, or by executive law.
        
        Establishment of cabinet/ministers
        Article 184. Council of Ministers
        Deputy executive
        Article 185. Temporary substitution of members of the Government
        Head of government replacement
        Article 186. Taking and leaving office
        
        The Prime Minister shall take office upon his installation and shall leave office when he is discharged by the President of the Republic.
        
        The remaining members of the Government shall take office upon their installation and shall leave office when they or the Prime Minister are discharged.
        
        Secretaries and Under Secretaries of State shall also leave office when their Minister is discharged.
        Head of government removal
        Chapter II. Formation and responsibilities
        
        Article 187. Formation
        Head of government selection Deputy executive
        Article 188. The Government's Programme
        
        The Government's Programme shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governance.
        Cabinet removal
        Article 189. Collective responsibility
        
        Members of Government shall be bound by the Government's Programme and by decisions taken by the Council of Ministers.
        
        Article 190. Government responsibility
        
        The Government shall be responsible to the President of the Republic and the Assembly of the Republic.
        Cabinet removal
        Article 191. Responsibility of members of the Government
        
        The Prime Minister shall be responsible to the President of the Republic and, within the ambit of the Government's political responsibility, to the Assembly of the Republic.
        
        Deputy Prime Ministers and Ministers shall be responsible to the Prime Minister and, within the ambit of the Government's political responsibility, to the Assembly of the Republic.
        
        Secretaries and Under Secretaries of State shall be responsible to the Prime Minister and their Minister.
        
        Head of government removal
        Article 192. Consideration of the Government's Programme
        
        Within at most ten days of its appointment, the Government shall submit its Programme to the Assembly of the Republic for consideration, by means of a Prime Ministerial statement.
        
        In the event that the Assembly of the Republic is not in full session, its President shall obligatorily call it for this purpose.
        
        The debate shall not last for more than three days, and until it is closed, any parliamentary group may make a motion rejecting the Programme, and the Government may request the passage of a confidence motion.
        
        Rejection of the Government's Programme shall require an absolute majority of all the Members in full exercise of their office.
        
        Head of government removal
        Article 193. Request for confidence motion
        
        The Government may ask the Assembly of the Republic to pass a motion of confidence in relation to a statement of general policy or any important matter of national interest.
        Head of government removal
        Article 194. No confidence motions
        
        Upon the initiative of one quarter of all the Members in full exercise of their office or of any parliamentary group, the Assembly of the Republic may subject the Government to no confidence motions in relation to the implementation of its Programme or to any important matter of national interest.
        
        No confidence motions shall only be considered forty-eight hours after they are made, and the debate thereon shall last for no more than three days.
        Limits on removing head of government Head of government removal
        Article 195. Resignation or removal of the Government
        
        The Government shall resign upon:
        
        The beginning of a new legislature;
        
        Acceptance by the President of the Republic of the Prime Minister's resignation;
        
        The Prime Minister's death or lasting physical incapacitation;
        
        Rejection of the Government's Programme;
        
        The failure of any confidence motion;
        
        Passage of a no confidence motion by an absolute majority of all the Members in full exercise of their office.
        
        Head of government immunity
        Article 196. Lifting immunity from criminal prosecution from members of the Government
        
        No member of the Government shall be detained, arrested or imprisoned without the authorisation of the Assembly of the Republic, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in flagrante delicto.
        
        In the event that criminal proceedings are brought against any member of the Government and he is definitively charged, the Assembly of the Republic shall decide whether or not the member of the Government shall be suspended so that the proceedings can take their course. In the case of a crime of the type referred to in the previous paragraph, the Assembly shall obligatorily suspend him.
        
        Chapter III. Responsibilities
        
        Article 197. Political responsibilities
        
        In the exercise of its political functions the Government shall be responsible for:
        
        In accordance with Article 140, counter-signing acts of the President of the Republic;
        
        Negotiating and finalising international agreements;
        
        Passing international agreements that do not require passage by, or have not been submitted to, the Assembly of the Republic;
        
        Presenting and submitting government bills and draft resolutions to the Assembly of the Republic;
        
        In accordance with Article 115, proposing to the President of the Republic that important matters of national interest be subjected to referendum;
        
        Giving its opinion on declarations of a state of siege or a state of emergency;
        
        Proposing to the President of the Republic that he declare war or make peace;
        
        In accordance with Article 162d, submitting the accounts of the state and of such other public bodies as the law shall lay down, to the Assembly of the Republic;
        Regional group(s) Head of government decree power
        Article 198. Legislative responsibilities
        
        In the exercise of its legislative functions the Government shall be responsible for:
        
        Making executive laws on matters that are not the exclusive responsibility of the Assembly of the Republic;
        
        Subject to authorisation by the Assembly of the Republic, making executive laws on matters that are the partially exclusive responsibility of the Assembly;
        
        Making executive laws that develop the principles or the basic general elements of the legal rules contained in laws that limit themselves to the said principles or basic general elements.
        
        Head of government powers
        Article 199. Administrative responsibilities
        
        In the exercise of its administrative functions the Government shall be responsible for:
        
        Drawing up National Plans on the basis of the respective Major Options, and causing them to be implemented;
        
        Causing the State Budget to be executed;
        
        Making such regulations as are needed to ensure that laws are properly implemented;
        
        Directing the state's civil and military departments and services and all activities under its direct administration, superintending indirect administration, and exercising oversight over such indirect administration and over autonomous administration;
        
        Undertaking all such acts as the law may require in relation to staff and agents of the state and of other public bodies corporate;
        
        Defending the democratic rule of law;
        
        Undertaking all such acts and making all such dispositions as may be needed to promote economic and social development and fulfil collective needs.
        
        Article 200. Responsibilities of the Council of Ministers
        Powers of cabinet
        
        Defining the outlines of government policy and of the implementation thereof;
        
        Deciding whether to ask the Assembly of the Republic to pass confidence motions;
        
        Passing government bills and draft resolutions;
        Head of government decree power
        Article 201. Responsibilities of members of the Government
        
        The Prime Minister shall be responsible for:
        
        Directing the Government's general policy and coordinating and orienting the actions of all the Ministers;
        
        Directing the work of the Government and its general relations with other state bodies;
        
        Informing the President of the Republic about matters concerning the conduct of the country's internal and external policy;
        
        Performing such other functions as may be required of him by this Constitution and the law
        
        Implementing the policy that has been set for their Ministries;
        
        Within the scope of their individual Ministries, ensuring general relations between the Government and other state bodies.
        
        Title V. Courts
        
        Chapter I. General principles
        
        Article 202. Jurisdiction
        
        The courts shall be the bodies that exercise sovereign power which possess the responsibility to administer justice in the name of the people.
        
        In administering justice the courts shall ensure the defence of those citizens' rights and interests that are protected by law, repress breaches of the democratic rule of law and rule on conflicts between interests, public and private.
        
        In the performance of their functions the courts shall possess the right to the assistance of the other authorities.
        
        The law may institutionalise non-judicial instruments and means of settling conflicts.
        
        Judicial independence
        Article 203. Independence
        
        The courts shall be independent and subject only to the law.
        
        Article 204. Compliance with the Constitution
        
        In matters that are brought to trial, the courts shall not apply rules that contravene the provisions of this Constitution or the principles enshrined therein.
        Judicial precedence
        Article 205. Court rulings
        
        Court rulings that are not merely administrative in nature shall set out their grounds in the form laid down by law.
        
        Court rulings shall be binding on all persons and bodies, public and private, and shall prevail over the decisions of all other authorities.
        
        The law shall regulate the terms under which court rulings are implemented in relation to any authority, and shall lay down the penalties to be imposed on any person or body that is responsible for any failure to implement such rulings.
        
        Right to public trial
        Article 206. Court hearings
        
        Court hearings shall be public, save in the event that in order to safeguard personal dignity or public morals, or to ensure its own proper operation, the court in question rules otherwise in a written order setting out the grounds for its decision.
        
        Article 207. Juries, public participation and experts
        Jury trials required
        Article 208. Legal representation
        
        The law shall ensure that lawyers enjoy the immunities needed to exercise their mandates and shall regulate legal representation as an element that is essential to the administration of justice.
        
        Chapter II. Organisation of the courts
        Structure of the courts
        Article 209. Categories of court
        Establishment of constitutional court
        The Supreme Court of Justice and the courts of law of first and second instance;
        Establishment of administrative courts Establishment of military courts Right to appeal judicial decisions , Structure of the courts
        Article 210. Supreme Court of Justice and other courts of law
        
        Without prejudice to the specific responsibilities of the Constitutional Court, the Supreme Court of Justice shall be the senior body in the hierarchy of courts of law.
        Supreme court selection Right to appeal judicial decisions
        Article 211. Responsibilities and specialisation of courts of law
        
        The courts of law shall be the general courts in civil and criminal matters and shall have jurisdiction over every area that is not allocated to other judicial bodies.
        
        There may be courts of first instance that possess specific responsibilities or are specialised in the trial of certain matters.
        
        The composition of courts of any instance that try crimes of a strictly military nature shall include one or more military judges, as laid down by law.
        
        The Courts of Appeal and the Supreme Court of Justice may operate in specialised sections.
        
        Right to appeal judicial decisions
        Article 212. Administrative and tax courts
        
        Without prejudice to the specific responsibilities of the Constitutional Court, the Supreme Administrative Court shall be the senior body in the hierarchy of administrative and tax courts.
        Administrative court selection Establishment of military courts
        Article 213. Courts martial
        
        During states of war, courts martial with jurisdiction over crimes of a strictly military nature shall be formed.
        
        Article 214. Audit Court
        
        The Audit Court shall be the senior body with authority to scrutinise the legality of public expenditure and judge such accounts as the law may require to be submitted to it. It shall particularly be responsible for:
        
        Issuing an opinion on the General State Accounts, including the social security accounts;
        
        Issuing an opinion on the accounts of the Azores and Madeira Autonomous Regions;
        
        Enforcing liability for financial infractions, as laid down by law;
        
        Fulfilling such other responsibilities as the law may confer upon it.
        
        Chapter III. Status of judges
        
        Article 215. Judges of the courts of law
        
        The judges of the courts of law shall form a single body and shall be governed by a single statute.
        Eligibility for ordinary court judges Supreme court selection , Eligibility for supreme court judges
        Article 216. Guarantees and incompatibilities
        Supreme/ordinary court judge removal Eligibility for ordinary court judges Eligibility for ordinary court judges Establishment of judicial council
        Article 217. Appointment, assignment, transfer and promotion of judges
        
        The appointment, assignment, transfer and promotion of judges of the courts of law and the exercise of discipline over them shall be the responsibility of the Supreme Judicial Council, as laid down by law.
        Administrative court selection Establishment of judicial council
        Article 218. Supreme Judicial Council
        
        The Supreme Judicial Council shall be chaired by the President of the Supreme Court of Justice and shall also be composed of the following members:
        
        Two to be appointed by the President of the Republic;
        
        Seven to be elected by the Assembly of the Republic;
        
        Seven judges to be elected by their peers in accordance with the principle of proportional representation.
        
        Chapter IV. Public Prosecutors' Office
        
        Article 219. Functions, status and role
        
        The Public Prosecutors' Office shall be responsible for representing the state and defending such interests as the law may lay down, and, subject to the provisions of the following paragraph and as laid down by law, for participating in the implementation of the criminal policy defined by the bodies that exercise sovereign power, conducting penal action in accordance with the principle of legality, and defending the democratic rule of law.
        
        The Public Prosecutors' Office shall possess its own statute and autonomy, as laid down by law.
        
        The law shall create special forms of assistance to be provided to the Public Prosecutors' Office in cases involving strictly military crimes.
        
        The officials of the Public Prosecutors' Office shall be accountable judicial officers, shall form part of and be subject to a hierarchy and shall not be transferred, suspended, retired or removed from office except in cases provided for by law.
        
        The appointment, assignment, transfer and promotion of officials of the Public Prosecutors' Office and the exercise of discipline over them shall be the responsibility of the Attorney General's Office.
        
        Attorney general
        Article 220. Attorney General's Office
        
        The Attorney General's Office shall be the senior body of the Public Prosecutor's Office and shall possess the composition and responsibilities laid down by law.
        
        The Attorney General's Office shall be presided over by the Attorney General and shall contain the Supreme Council of the Public Prosecutors' Office, which shall include members elected by the Assembly of the Republic and members whom the public prosecutors shall elect from among their number.
        
        Without prejudice to the provisions of Article 133m, the Attorney General's term of office shall be six years.
        
        Title VI. Constitutional Court
        Constitutional court powers
        Article 221. Definition
        
        The Constitutional Court shall be the court with specific responsibility for administering justice in matters of a legal and constitutional nature.
        
        Article 222. Composition and status of judges
        Constitutional court selection Constitutional court selection , Eligibility for const court judges Constitutional court term limits , Constitutional court term length
        Article 223. Responsibilities
        
        The Constitutional Court shall assess cases of unconstitutionality and illegality in accordance with Articles 277 et sequitur.
        
        The Constitutional Court shall also be responsible for:
        
        Verifying the death and declaring the permanent physical incapacity of the President of the Republic, and verifying cases in which he is temporarily prevented from performing his functions;
        
        Verifying forfeiture of the office of President of the Republic in the cases provided for in Articles 129(3) and 130(3);
        
        Issuing rulings of final instance on the proper conduct and validity of electoral acts, as laid down by law;
        
        For the purpose of Article 124(3), verifying the death and declaring the incapacity to exercise the office of President of the Republic of any candidate therefore;
        
        Verifying the legality of the formation of political parties and coalitions thereof, assessing the legality of their names, initials and symbols, and ordering their abolition, all as laid down by this Constitution and the law;
        
        Verifying in advance the constitutionality and legality of national, regional and local referenda, including assessment of requirements in relation to the electors in each case;
        
        At the request of Members and as laid down by law, ruling on appeals concerning losses of seat and elections held by the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
        
        Ruling on such cases involving the impugnation of elections within, and the decisions taken by, political parties as by law are subject to appeal.
        
        Article 224. Organisation and procedure
        
        The law shall lay down the rules governing the Constitutional Court's seat, manner of organisation and procedures.
        
        Except for the purpose of the abstract assessment of constitutionality and legality, the law may require the Constitutional Court to operate in sections.
        
        The law shall regulate appeals to the full Constitutional Court against contradictory rulings by different sections on the application of the same rule or provision.
        
        Title VII. Autonomous Regions
        Citizenship of indigenous groups
        Article 225. Political and administrative system in the Azores and Madeira
        
        The specific political and administrative system applicable in the Azores and Madeira archipelagos shall be based on their geographic, economic, social and cultural characteristics and on the island populations' historic aspirations to autonomy.
        Reference to fraternity/solidarity Federal review of subnational legislation , Citizenship of indigenous groups
        Article 226. Statutes and electoral laws
        
        Draft political and administrative statutes and government bills concerning the election of members of the Legislative Assemblies of the autonomous regions shall be drawn up by the said Legislative Assemblies and sent to the Assembly of the Republic for discussion and passage or rejection.
        
        If the Assembly of the Republic rejects or amends such a draft or bill, it shall return it to the respective Legislative Assembly for consideration and the issue of an opinion.
        
        Once the opinion has been drawn up, the Assembly of the Republic shall put the draft or bill to final discussion and the vote.
        
        The system provided for in the previous paragraphs shall apply to amendments to the political and administrative statutes and the laws governing the election of members of the Legislative Assemblies of the autonomous regions.
        
        Citizenship of indigenous groups , Subsidiary unit government , Indigenous right to vote , Indigenous right to self governance , Right to culture
        
        Article 227. Powers of the autonomous regions
        
        The autonomous regions shall be territorial bodies corporate and shall possess the following powers, which shall be defined in their statutes:
        
        To legislate within the ambit of the region on such matters as are set out in the political and administrative statute of the region in question and are not the exclusive responsibility of bodies that exercise sovereign power;
        
        Subject to authorisation by the Assembly of the Republic, to legislate on matters that fall within that Assembly's partially exclusive responsibility to legislate, with the exception of the matters provided for in Article 165(1)a to c, the first part of subparagraph d, subparagraphs f and i, the second part of subparagraph m and subparagraphs o, p, q, s, t, v, x and aa;
        
        Within the ambit of the region, to develop the principles or the basic general elements of the legal rules contained in laws that limit themselves to the said principles or basic general elements;
        
        To regulate regional legislation and such laws issued by bodies that exercise sovereign power as do not reserve the power to regulate the laws themselves to the said bodies;
        
        To initiate statutes and to initiate legislation concerning the election of members of the respective Legislative Assemblies pursuant to Article 226;
        
        To initiate legislation in accordance with Article 167(1), by submitting regional government bills and draft amendments thereto to the Assembly of the Republic;
        
        To exercise their own executive power;
        
        To administer and dispose of their assets and to undertake such acts and enter into such contracts as may be in their interest;
        
        To exercise their own power to tax as laid down by law, as well as to adapt the national fiscal system to the specificities of the region under the terms of framework laws passed by the Assembly of the Republic;
        Reference to fraternity/solidarity Regional group(s) Regional group(s) Indigenous right to self governance
        Article 228. Legislative autonomy
        
        The autonomous regions' legislative autonomy shall apply to such matters set out in the respective political and administrative statute as are not the exclusive responsibility of bodies that exercise sovereign power.
        
        In the absence of specific regional legislation on a matter that is not the exclusive responsibility of bodies that exercise sovereign power, the current provisions of the law shall apply to the autonomous regions.
        
        Indigenous right to self governance
        Article 229. Cooperation between bodies that exercise sovereign power and regional bodies
        
        In cooperation with the self-government bodies, the bodies that exercise sovereign power shall ensure the autonomous regions' economic and social development, with a particular view to the correction of inequalities derived from the autonomous regions' insular nature.
        
        Bodies that exercise sovereign power shall always consult the regional self-government bodies in relation to such issues as fall within their own responsibilities and concern the autonomous regions.
        
        The financial relations between the Republic and the autonomous regions shall be regulated by the law provided for in Article 164t.
        Subsidiary unit government Citizenship of indigenous groups
        Article 230. Representatives of the Republic
        Subsidiary unit government Indigenous right to self governance , Subsidiary unit government
        Article 231. Self-government bodies of the autonomous regions
        
        Each autonomous region shall have self-government bodies in the form of a Legislative Assembly and a Regional Government.
        
        Legislative Assemblies shall be elected by universal, direct and secret suffrage in accordance with the principle of proportional representation.
        
        Each Regional Government shall be politically responsible to the Legislative Assembly of its autonomous region, and the Representative of the Republic shall appoint its president in the light of the results of the regional elections.
        
        The Representative of the Republic shall appoint and discharge the remaining members of the Regional Government upon the proposal of its president.
        
        Each Regional Government shall take office before the Legislative Assembly of its autonomous region.
        
        Each Regional Government shall possess exclusive responsibility for matters that concern its own organisation and proceedings.
        
        The status and role of the officeholders of the self-government bodies of the autonomous regions shall be defined in the latter's political and administrative statutes.
        
        Subsidiary unit government , Indigenous right to self governance
        Article 232. Responsibilities of Legislative Assemblies of autonomous regions
        
        The Legislative Assembly of each autonomous region shall possess exclusive responsibility for the exercise of the powers referred to in Article 227(1)a, b and c, the second part of subparagraph d, subparagraph f, the first part of subparagraph I and subparagraphs l, n and q, as well as to pass the regional budget, the region's economic and social development plan and accounts, and to adapt the national fiscal system to the region's specificities.
        
        The Legislative Assembly of each autonomous region shall be responsible for submitting draft regional referenda by means of which the President of the Republic may call upon the citizens who are registered to vote in the region's territory to pronounce in binding fashion on questions that are of important specific interest to the region. The provisions of Article 115 shall apply to such referenda, mutatis mutandis.
        
        The Legislative Assembly of each autonomous region shall draft and pass its rules of procedure in accordance with this Constitution and its political and administrative statute.
        
        The provisions of Articles 175c, 178(1) to (6), 179 except for (3)e and f and (4), and 180 shall apply, mutatis mutandis, to the Legislative Assemblies of the autonomous regions and their parliamentary groups.
        
        Indigenous right to self governance
        Article 233. Signature and veto of Representatives of the Republic
        
        The Representative of the Republic shall be responsible for signing regional legislative decrees and regional regulatory decree and having them published.
        
        Within fifteen days of reception of any decree of the Legislative Assembly of the autonomous region that is sent to him for signature, or of the publication of a Constitutional Court ruling that fails to declare any of its provisions unconstitutional, the Representative of the Republic shall either sign the decree, or exercise the right of veto. In the latter case, by means of a message setting out the grounds therefore, he shall request that the decree be reconsidered.
        
        If the Legislative Assembly of the autonomous region confirms its original vote by an absolute majority of all its members in full exercise of their office, the Representative of the Republic shall sign the decree within eight days of receiving it.
        
        Within twenty days of receipt of any decree of the Regional Government that is sent to him for signature, the Representative of the Republic shall either sign or refuse to sign it. In the event of refusal, he shall inform the Regional Government in writing of the reasons for the veto, whereupon the Regional Government may convert the decree into a bill for submission to the Legislative Assembly of the autonomous region.
        
        The Representative of the Republic shall also exercise the right to veto pursuant to Articles 278 and 279.
        
        Indigenous right to self governance
        Article 234. Dissolution and removal of self-government bodies
        
        After first consulting the Council of State and the parties with seats in the Legislative Assembly in question, the President of the Republic may dissolve the Legislative Assembly of an autonomous region.
        
        Dissolution of a Legislative Assembly of an autonomous region shall cause the removal of the Regional Government, whereupon and until such time as a new Regional Government takes office following elections, the Regional Government shall be limited to undertaking such acts as are strictly necessary in order to ensure the management of public affairs.
        
        Dissolution of a Legislative Assembly of an autonomous region shall not prejudice the continuation of its members' term of office, or the responsibilities of its Standing Committee, until the Assembly's first sitting following the subsequent elections.
        
        Title VIII. Local government
        
        Chapter I. General principles
        
        Article 235. Local authorities
        
        The democratic organisational structure of the state shall include local authorities.
        
        Local authorities shall be territorial bodies corporate, shall possess representative bodies and shall seek to pursue the interests of the local people.
        
        Article 236. Categories of local authority and administrative division
        
        On the mainland, local authorities shall comprise parishes, municipalities and administrative regions.
        
        The Azores and Madeira autonomous regions shall comprise parishes and municipalities.
        
        In large urban areas and on the islands the law may create other forms of local government organisation in accordance with the specific conditions prevailing therein or on.
        
        The law shall lay down the manner in which Portuguese territory is to be divided for administrative purposes.
        
        Article 237. Administrative decentralisation
        
        The law shall regulate the responsibilities and organisation of local authorities and the responsibilities of their bodies in accordance with the principle of administrative decentralisation.
        
        Each local authority assembly shall be responsible for exercising the powers conferred upon it by law, including the power to pass the options of its plan and budget.
        
        Municipal police forces shall cooperate in maintaining public order and protecting local communities.
        
        Article 238. Local assets and finances
        
        Local authorities shall possess their own assets and finances.
        
        The law shall lay down the rules governing local finances and shall seek to ensure that public resources are justly shared between the state and the local authorities, and the necessary correction in inequalities between local authorities of the same category.
        
        Each local authority's income shall obligatorily include that derived from the management of its assets and that charged for the use of its services.
        Municipal government
        Article 239. Decision-making and executive bodies
        Municipal government Municipal government
        Article 240. Local referenda
        
        In such cases, under such terms and with such effect as the law may lay down, local authorities may submit matters that are included within the responsibilities of the local authority bodies to referendum by those of their citizens who are registered to vote.
        
        The law may grant the right to initiate referenda to registered electors.
        
        Article 241. Regulatory power
        
        Within the limits laid down by this Constitution and the laws and regulations issued by a higher category of local authority, or by an authority with oversight over the local authority in question, local authorities shall possess their own regulatory power.
        
        Article 242. Administrative oversight
        
        Administrative oversight of local authorities shall consist of the verification of the local authority bodies' compliance with the law and shall be exercised in such cases and in accordance with such forms as the law may lay down.
        
        Oversight measures that restrict local autonomy shall be preceded by an opinion from a local authority body and shall be governed by law.
        
        Local authority bodies may only be dissolved for serious illegal acts or omissions.
        
        Article 243. Local authority staff
        
        Local authorities shall possess their own staff, as laid down by law.
        
        The rules governing state staff and agents shall apply to local government staff and agents, as laid down by law, mutatis mutandis.
        
        Without prejudice to the autonomy of the local authorities, the law shall define the forms in which the state shall provide such authorities with support in the form of technical and human resources.
        
        Chapter II. Parishes
        
        Article 244. Parish bodies
        
        A parish's representative bodies shall be the parish assembly and the parish authority.
        
        Article 245. Parish assemblies
        
        The parish assembly shall be its parish's decision-making body.
        
        The law may require that the parish assembly in parishes with very small populations be replaced by the plenary meeting of registered electors.
        
        Article 246. Parish authorities
        
        The parish authority shall be its parish's collegiate executive body.
        
        Article 247. Associations
        
        Parishes may form associations to administer common interests, as laid down by law.
        
        Article 248. Delegation of tasks
        
        Parish assemblies may delegate administrative tasks that do not entail the exercise of powers of authority to residents' organisations.
        
        Chapter III. Municipalities
        
        Article 249. Changes to municipalities
        
        Municipalities shall be created and abolished and their area shall be altered by means of laws, following prior consultation of the bodies of the local authorities in question.
        
        Article 250. Municipal bodies
        
        A municipality's representative bodies shall be the municipal assembly and the municipal authority.
        
        Article 251. Municipal assemblies
        
        The municipal assembly shall be its municipality's decision-making body and shall be composed of directly elected members and the presidents of the municipality's parish authorities. The number of directly elected members shall be greater than that of the presidents of the parish authorities.
        
        Article 252. Municipal authorities
        
        The municipal authority shall be its municipality's collegiate executive body.
        
        Article 253. Associations and federations
        
        In order to administer common interests, municipalities may form associations and federations, on which the law may confer specific powers and responsibilities.
        Municipal government
        Article 254. Share in revenue from direct taxes
        
        Municipalities shall share in the revenue from direct taxes by right and as laid down by law.
        
        Municipalities shall possess their own tax revenues, as laid down by law.
        
        Chapter IV. Administrative regions
        
        Article 255. Creation by law
        
        The administrative regions shall be created simultaneously by means of a law, which shall define their powers and the composition, responsibilities and proceedings of their bodies and may lay down differences between the rules applicable to each administrative region.
        
        Article 256. De facto institution
        
        The de facto institution of the administrative regions by means of the individual laws instituting each one shall depend on the law provided for in the previous Article, and on the casting of an affirmative vote by the majority of the registered electors who cast their votes in a direct national ballot covering each of the regional areas.
        
        In the event that the majority of the registered electors who cast their votes do not respond in the affirmative to a question with a national scope on the de facto institution of the administrative regions, the answers to such questions as may be put in relation to each region that is created by the law shall not take effect.
        
        The consultation of registered electors provided for in the previous paragraphs shall take place in accordance with the provisions of an organisational law and by decision of the President of the Republic, upon a proposal from the Assembly of the Republic. The system derived from Article 115 shall apply mutatis mutandis.
        
        Article 257. Responsibilities
        
        Administrative regions shall particularly be charged with the direction of public departments and services and with tasks involving the coordination and provision of support for the work of the municipalities, while respecting the municipalities' autonomy and without imposing limits on their powers.
        
        Article 258. Planning
        
        Administrative regions shall draw up regional plans and shall take part in the drawing up of national plans.
        
        Article 259. Regional bodies
        
        The regional assembly and the regional authority shall be an administrative region's representative bodies.
        
        Article 260. Regional assemblies
        
        The regional assembly shall be its region's decision-making body. It shall be composed of directly elected members, and by a smaller number of members who shall be elected in accordance with the proportional representation system and using d'Hondt's highest-average rule, by an electoral college formed by those members of the same area's municipal assemblies who were appointed by direct election.
        
        Article 261. Regional authorities
        
        The regional authority shall be its region's collegiate executive body.
        
        Article 262. Government representatives
        
        The Council of Ministers may appoint a Government representative to each region. The responsibilities of such representatives shall also extend to the local authorities in their area.
        
        Chapter V. Residents' organisations
        
        Article 263. Formation and area
        
        In order to intensify local people's participation in local administrative life, residents' organisations may be formed within areas smaller than that of their parish.
        
        Upon its own initiative, or at the request of one or more residents' committees or a significant number of residents, the local parish authority shall delimit the geographic area of the organisations referred to in the previous paragraph and shall resolve any conflicts that arise from such delimitation.
        
        Article 264. Structure
        
        The law shall lay down the structure of residents' organisations, which shall include a residents' assembly and a residents' committee.
        
        Residents' assemblies shall be composed of the residents registered during the parish census.
        
        Each residents' assembly shall elect a residents' committee, which it shall also be free to dismiss.
        
        Article 265. Rights and responsibilities
        
        Residents' organisations shall possess the right:
        
        To petition local authorities in relation to administrative matters that are of interest to the residents;
        
        Via their representatives, to participate without vote in the parish assembly.
        
        Title IX. Public Administration
        
        Article 266. Fundamental principles
        
        The Public Administration shall seek to pursue the public interest and shall respect all such citizens' rights and interests as are protected by law.
        
        Administrative bodies and agents shall be subject to this Constitution, and in the performance of their functions shall act with respect for the principles of equality, proportionality, justice, impartiality and good faith.
        
        Article 267. Structure of the Administration
        
        The Public Administration shall be structured in such a way as to avoid bureaucratisation, bring departments and services closer to local people and ensure that interested parties take part in its effective management, particularly via public associations, residents' organisations and other forms of democratic representation.
        
        For the purpose of the previous paragraph and without prejudice to the necessary efficacy and unity of the Public Administration's work and the management, superintendence and oversight of the competent bodies, the law shall lay down adequate forms of administrative decentralisation and devolution.
        
        The law may create independent administrative bodies.
        
        Public associations may only be formed in order to fulfil specific needs, may not perform the specific functions of trade unions and shall be organised internally on the basis of respect for their members' rights and the democratic formation of their bodies.
        
        The processing of administrative activities shall be the object of a special law, which shall ensure that the resources to be used by departments and services are rationalised, and that citizens participate in the taking of decisions that concern them.
        
        Private bodies that exercise public powers may be subject to administrative inspection as laid down by law.
        
        Article 268. Citizens' rights and guarantees
        
        Citizens shall possess the right to be informed by the Administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisions as are taken in relation to them.
        Right to information Ultra-vires administrative actions Ultra-vires administrative actions
        Article 269. Rules governing Public Administration staff
        
        In the performance of their functions, Public Administration workers and other agents of the state and of other public bodies shall exclusively serve the public interest, as defined in accordance with the law by the Administration's competent governing bodies.
        
        Public Administration workers and other agents of the state and of other public bodies shall not be prejudiced or benefited as a result of their exercise of any political rights provided for in this Constitution, particularly party political preferences.
        
        Persons who are the object of disciplinary proceedings shall be guaranteed the right to be heard and to a defence.
        
        Public positions and offices shall not be accumulated, save in such cases as are expressly permitted by law.
        
        The law shall lay down the incompatibilities between the holding of public positions or offices and other activities.
        
        Restrictions on the armed forces
        Article 270. Restrictions on the exercise of rights
        
        Strictly to the extent required by the specific demands of the functions in question, the law may impose restrictions on the exercise of the rights of expression, meeting, demonstration, association and collective petition and the right to stand for election by full-time military and militarised personnel on active service, and by members of the police forces and security services. In the case of the latter, even when their right to form trade unions is recognised, the law may preclude enjoyment of the right to strike.
        
        Article 271. Liability of state staff and agents
        
        The staff and agents of the state and of other public bodies shall be civilly and criminally liable and subject to disciplinary proceedings for their actions and omissions in the performance of their functions, and for any such performance that leads to a breach of those citizens' rights and interests that are protected by law. At no stage shall any suit or proceedings in this respect be dependent on authorisation by higher authority.
        
        Liability shall not accrue to any member of staff or agent who acts in the performance of his duties in compliance with orders or instructions issued by a legitimate hierarchical superior, on condition that he previously protested against the said orders or instructions or required them to be transmitted or confirmed in writing.
        
        The duty of obedience shall cease whenever compliance with orders or instructions would imply the commission of any crime.
        
        The law shall regulate the terms under which the state and other public entities shall be entitled to indemnification by their bodies, staff and agents.
        
        Article 272. Police
        
        The functions of police forces shall be to defend the democratic rule of law and to guarantee citizens' internal security and rights.
        
        The measures to be used for policing purposes shall be those laid down by law and shall not be used more than is strictly necessary.
        
        Crime prevention, including that of crimes against state security, shall only be undertaken in compliance with the general rules governing policing and with respect for citizens' rights, freedoms and guarantees.
        
        The law shall lay down the rules governing police forces and each such force shall possess a sole organisational structure for the whole of Portuguese territory.
        
        Title X. National defence
        
        Article 273. National defence
        
        The state shall be under an obligation to ensure the defence of the nation.
        
        The objectives of national defence shall be to guarantee national independence, territorial integrity and the freedom and security of the population from any external aggression or threat, while respecting the constitutional order, the democratic institutions and international agreements.
        
        Advisory bodies to the head of state
        Article 274. Supreme National Defence Council
        
        The Supreme National Defence Council shall be chaired by the President of the Republic and shall be composed as laid down by law. The said composition shall include members elected by the Assembly of the Republic.
        
        The Supreme National Defence Council shall be the specific consultative body for matters concerning national defence and the organisation, operation and discipline of the Armed Forces. It may possess such administrative responsibilities as the law may confer upon it.
        
        Article 275. Armed Forces
        
        The Armed Forces shall charged with ensuring the military defence of the Republic.
        
        The Armed Forces shall be composed exclusively of Portuguese citizens and shall possess a single organisational structure for the whole of Portuguese territory.
        
        The Armed Forces shall obey the competent bodies that exercise sovereign power, as laid down by this Constitution and the law.
        Restrictions on the armed forces
        Article 276. Defence of the nation, military service and civic service
        
        Every Portuguese person shall possess the fundamental right and duty to defend the nation.
        
        The law shall regulate military service and shall lay down the forms, voluntary or compulsory nature, duration and content of the performance thereof.
        
        Citizens who by law are subject to the performance of military service and are considered unfit for armed military service shall perform such unarmed military service or civic service as may be appropriate to their situation.
        Right to conscientious objection
        Part IV. Guaranteeing and revision of the Constitution
        
        Title I. Review of constitutionality
        
        Article 277. Positive unconstitutionality
        
        Rules that contravene any of the provisions of this Constitution or the principles enshrined therein shall be unconstitutional.
        Legal status of treaties Constitutionality of legislation
        Article 278. Prior review of constitutionality
        
        The President of the Republic may ask the Constitutional Court to conduct a prior review of the constitutionality of any rule laid down by an international treaty that is submitted to him for ratification, by any decree that is sent to him for enactment as a law or executive law, or by any international agreement, the decree passing which is sent to him for signature.
        
        Representatives of the Republic may also ask the Constitutional Court to conduct a prior review of the constitutionality of any rule laid down by a regional legislative decree that is sent to them for signature.
        
        Prior reviews of constitutionality shall be requested within eight days of reception of the document in question.
        
        In addition to the President of the Republic himself, the Prime Minister or one fifth of all the Members of the Assembly of the Republic in full exercise of their office may ask the Constitutional Court to conduct a prior review of the constitutionality of any rule laid down by any decree that is sent to the President of the Republic for enactment as an organisational law.
        
        On the date on which he sends any decree to the President of the Republic for enactment as an organisational law, the President of the Assembly of the Republic shall notify the Prime Minister and the parliamentary groups in the Assembly of the Republic thereof.
        
        The prior review of constitutionality provided for in (4) above shall be requested within eight days of the date provided for in (5) above.
        
        Without prejudice to the provisions of (1) above, the President of the Republic shall not enact the decrees referred to in (4) above until eight days have passed after their receipt, or, in the event that the Constitutional Court is asked to intervene, until it has pronounced thereon.
        
        The Constitutional Court shall pronounce within a period of twenty-five days, which the President of the Republic may reduce in the case of (1) above for reasons of emergency.
        
        Constitutionality of legislation
        Article 279. Effects of ruling
        
        If the Constitutional Court pronounces the unconstitutionality of any rule contained in a decree or international treaty, the President of the Republic or the Representative of the Republic, as appropriate, shall veto the statute or treaty and return it to the body that passed it.
        
        In the case provided for in (1) above, such a decree shall not be enacted or signed unless the body that passed it expunges the rule that has been deemed unconstitutional, or, where applicable, the said rule is confirmed 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.
        
        If the statute or treaty is reformulated, the President of the Republic or the Representative of the Republic, as appropriate, may request the prior review of the constitutionality of any of the rules in the new version.
        
        If the Constitutional Court pronounces the unconstitutionality of any rule contained in a treaty, the said treaty shall only be ratified if the Assembly of the Republic passes it 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.
        
        Right to appeal judicial decisions
        Article 280. Specific review of constitutionality and legality
        
        Appeal may be made to the Constitutional Court against court rulings:
        
        That refuse the application of any rule on the grounds of its unconstitutionality;
        
        That apply any rule, the unconstitutionality of which has been raised during the proceedings in question.
        
        That refuse the application of any rule contained in legislation on the grounds that it is illegal because it breaches a law which possesses superior force;
        
        That refuse the application of any rule contained in a regional decree on the grounds that it is illegal because it breaches the autonomous region's statute;
        
        That refuse the application of any rule contained in a decree issued by a body that exercises sovereign power, on the grounds that it is illegal because it breaches an autonomous region's statute;
        
        That apply any rule, the illegality of which on any of the grounds referred to in subparagraphs a, b and c above has been raised during the proceedings.
        
        Article 281. Abstract review of constitutionality and legality
        
        The Constitutional Court shall review, and shall declare with generally binding force:
        
        The unconstitutionality or otherwise of any rule;
        
        The illegality of any rule or rules contained in legislation, on the grounds of the breach of any law with superior force;
        
        The illegality of any rule or rules contained in a regional decree, on the grounds of the breach of the autonomous region's statute;
        
        The illegality of any rule or rules contained in a statute or decree issued by a body that exercises sovereign power, on the grounds of a breach of one or more of an autonomous region's rights that are enshrined it its statute.
        
        Constitutionality of legislation
        
        The President of the Republic;
        
        The President of the Assembly of the Republic;
        
        The Prime Minister;
        Constitutionality of legislation
        Article 282. Effects of declaration of unconstitutionality or illegality
        
        A declaration of unconstitutionality or illegality with generally binding force shall take effect as of the moment at which the rule declared unconstitutional or illegal came into force, and shall cause the revalidation of such rules as the said rule may have revoked.
        
        However, in the case of unconstitutionality or illegality due to breach of a subsequent constitutional or legal rule, such declaration shall only take effect when the latter comes into force.
        
        Rulings in cases that have already been tried shall stand, save when the Constitutional Court rules to the contrary in relation to rules that concerned penal or disciplinary matters or administrative offences and their contents were less favourable to the defendant.
        
        When required for the purposes of legal certainty, reasons of fairness or an exceptionally important public interest, the grounds for which shall be given, the Constitutional Court may rule that the scope of the effects of the unconstitutionality or illegality shall be more restricted than those provided for in (1) and (2) above.
        
        Article 283. Unconstitutionality by omission
        Constitution amendment procedure
        Title II. Revision of the Constitution
        
        Article 284. Responsibility and time for revisions
        
        The Assembly of the Republic may revise the Constitution five years after the date of publication of the last ordinary revision law.
        
        However, by a four-fifths majority of all the Members in full exercise of their office, the Assembly of the Republic may take extraordinary revision powers at any time.
        
        Article 285. Power to initiate revisions
        
        Members shall possess the power to initiate revisions.
        
        Once a draft revision of the Constitution has been submitted, any others shall be submitted within thirty days.
        
        Article 286. Passage and enactment
        
        Alterations to the Constitution shall require passage by a two-thirds majority of all the Members in full exercise of their office.
        
        Such alterations to the Constitution as are passed shall be collected together in a single revision law.
        
        The President of the Republic shall not refuse to enact such laws.
        
        Article 287. New text of the Constitution
        
        Alterations to the Constitution shall be inserted in the correct place by means of such replacements, eliminations and additions as may be necessary.
        
        The new text of the Constitution shall be published along with the revision law.
        
        Unamendable provisions
        Article 288. Matters in which revision shall be restricted
        
        Constitutional revision laws shall respect:
        
        National independence and the unity of the state;
        
        The republican form of government;
        
        The separation between church and state;
        
        Citizens' rights, freedoms and guarantees;
        
        The rights of workers, workers' committees and trade unions;
        
        The coexistence of the public, private and cooperative and social sectors in relation to the ownership of the means of production;
        
        The requirement for economic plans, which shall exist within the framework of a mixed economy;
        
        The elected appointment of the officeholders of the bodies that exercise sovereign power, of the bodies of the autonomous regions and of local government bodies by universal, direct, secret and periodic suffrage; and the proportional representation system;
        
        Plural expression and political organisation, including political parties, and the right to democratic opposition;
        
        The separation and interdependence of the bodies that exercise sovereign power;
        
        The subjection of legal rules to a review of their positive constitutionality and of their unconstitutionality by omission;
        
        The independence of the courts;
        
        The autonomy of local authorities;
        
        The political and administrative autonomy of the Azores and Madeira archipelagos.
        
        Emergency provisions
        Article 289. Circumstances in which revision shall be restricted
        
        No act involving the revision of this Constitution shall be undertaken during a state of siege or a state of emergency.
        Transitional provisions
        Final and transitional provisions
        
        Article 290. Previous law
        
        Without prejudice to the provisions of the following paragraph, such constitutional laws enacted after 25 April 1974 as are not safeguarded in this chapter shall be considered ordinary laws.
        
        The ordinary law that existed prior to the entry into force of this Constitution shall be maintained on condition that it is not contrary to this Constitution or to the principles enshrined therein.
        
        Subsidiary unit government
        Article 291. Districts
        
        Until such time as the administrative regions are not instituted de facto, such areas as they do not cover shall continue to be divided into districts.
        
        Each district shall possess a decision-making assembly composed of representatives from its municipalities, under such terms as the law shall lay down.
        
        With the assistance of a council, the civil governor shall represent the Government and exercise the powers of oversight in the area that comprises each district.
        
        Crimes of the previous regime
        Article 292. Indictment and trial of PIDE/DGS(*) agents and officials
        
        Law no. 8/75, dated 25 July 1975, as revised by Law no. 16/75, dated 23 December 1975, and by Law no. 18/75, dated 26 December 1975, shall remain in force.
        
        The law may lay down in more detail the types of crime set out in Articles 2(2), 3, 4b and 5 of the statute referred to in the previous paragraph.
        
        The law may especially regulate the extraordinary extenuating circumstances provided for in Article 7 of the same statute. (*) The PIDE/DGS (International and State Defence Police / Directorate-General of Security) was the New State's political police.
        
        Article 293. Reprivatisation of property nationalised after 25 April l974
        
        A framework law passed by an absolute majority of all the Members in full exercise of their office shall regulate reprivatisations of the ownership of, or the right to use, means of production and other property nationalised after 25 April 1974. Such reprivatisations shall observe the following fundamental principles:
        
        As a general rule, reprivatisations of the ownership of, or the right to use, means of production and other property nationalised after 25 April 1974 shall preferentially be conducted by public invitation to tender, offer on the stock exchange, or public subscription;
        
        The revenue obtained from reprivatisations shall be used solely to redeem the public debt and the debts of state-owned businesses, to service the debt resulting from nationalisations, or for new capital investment in the productive sector;
        
        The workers of businesses that are the object of reprivatisation shall retain all their rights and obligations in the reprivatisation process;
        
        The workers of businesses that are the object of reprivatisation shall acquire the preferential right to subscribe a percentage of the business's share capital;
        
        The means of production and other property that are to be reprivatised shall be the object of prior valuation by more than one independent body.
        
        Article 294. Rules applicable to local authority bodies
        
        Until such time as the law provided for in Article 239(3) comes into force, local authority bodies shall be formed and shall operate in accordance with the legislation that corresponds to the text of the Constitution as revised by Constitutional Law no. 1/92, dated 25 November 1992.
        Regional group(s)
        Article 295. Referendum on European Treaty
        
        The provisions of Article 115(3) shall not prejudice the possibility of calling and holding a referendum on the approval of a treaty aimed at the construction and deepening of the European Union.
        
        Article 296. Date and entry into force of the Constitution
        
        The Constitution of the Portuguese Republic shall bear the date of its passage by the Constituent Assembly: 2 April 1976.
        
        The Constitution of the Portuguese Republic shall come into force on 25 April 1976.

Portugal 1976 (rev. 2005)

Fundamental principles

Article 1. Portuguese Republic

Article 2. Democratic state based on the rule of law

Article 3. Sovereignty and legality

Article 4. Portuguese citizenship

Article 5. Territory

Article 6. Unitary state

Article 7. International relations

Article 8. International law

Article 9. Fundamental tasks of the state

Article 10. Universal suffrage and political parties

Article 11. National symbols and official language

Part I. Fundamental rights and duties

Title I. General principles

Article 12. Principle of universality

Article 13. Principle of equality

Article 14. Portuguese abroad

Article 15. Foreigners, stateless persons, European citizens

Article 16. Scope and interpretation of fundamental rights

Article 17. Rules governing rights, freedoms and guarantees

Article 18. Legal force

Article 19. Suspension of the exercise of rights

Article 20. Access to law and effective judicial protection

Article 21. Right of resistance

Article 22. Liability of public bodies

Article 23. Ombudsman

Title II. Rights, freedoms and guarantees

Chapter I. Personal rights, freedoms and guarantees

Article 24. Right to life

Article 25. Right to personal integrity

Article 26. Other personal rights

Article 27. Right to freedom and security

Article 28. Remand in custody

Article 29. Application of criminal law

Article 30. Limits on sentences and security measures

Article 31. Habeas corpus

Article 32. Safeguards in criminal proceedings

Article 33. Deportation, extradition and right of asylum

Article 34. Inviolability of home and correspondence

Article 35. Use of computers

Article 36. Family, marriage and filiation

Article 37. Freedom of expression and information

Article 38. Freedom of the press and the media

Article 39. Regulation of the media

Article 40. Right to broadcasting time, of reply and of political response

Article 41. Freedom of conscience, religion and worship

Article 42. Freedom of cultural creation

Article 43. Freedom to learn and to teach

Article 44. Right to travel and to emigrate

Article 45. Right to meet and to demonstrate

Article 46. Freedom of association

Article 47. Freedom to choose a profession and to join the Public Administration

Chapter II. Rights, freedoms and guarantees concerning participation in politics

Article 48. Participation in public life

Article 49. Right to vote

Article 50. Right to stand for public office

Article 51. Political associations and parties

Article 52. Right to petition and right to popular action

Chapter III. Workers' rights, freedoms and guarantees

Article 53. Job security

Article 54. Workers' committees

Article 55. Freedoms concerning trade unions

Article 56. Trade union rights and collective agreements

Article 57. Right to strike and prohibition of lock-outs

Title III. Economic, social and cultural rights and duties

Chapter I. Economic rights and duties

Article 58. Right to work

Article 59. Workers' rights

Article 60. Consumer rights

Article 61. Private enterprise, cooperatives and worker management

Article 62. Right to private property

Chapter II. Social rights and duties

Article 63. Social security and solidarity

Article 64. Health

Article 65. Housing and urban planning

Article 66. Environment and quality of life

Article 67. Family

Article 68. Fatherhood and motherhood

Article 69. Childhood