Council of State (Portugal)

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The Council of State (Portuguese: Conselho de Estado, IPA: [kõˈsɐʎu ðɨ (ɨ)ʃˈtaðu]) is an organ established by the Constitution of Portugal to advise the President of the Republic of Portugal in the exercise of many of his discretionary powers. The constitution states that it must be summoned by the President in case he decides to dissolve the Assembly of the Republic, declare war or peace, or in case a government steps down. Members of the council are immune from prosecution, a member of the council may only be brought before a court of law with prior agreement of the Council to lift his immunity and is no longer serving on the council.

History

Although there are notices about the existence of a Council of State in Portugal before 1385, the first permanent regiment for its functioning was established by King Sebastian through his charter of 8 September 1569.

The Council of State continued to exist after the establishment of the Constitutional Monarchy in 1821. It was foreseen in the Portuguese Constitutions of 1822, 1826 and 1838.

After the 5 October 1910 revolution that established the Republic in Portugal, the Council of State was abolished, not being foreseen in the Constitution of 1911.

The Council of State was reestablished by the Constitution of 1933. It was again not foreseen by the Constitution of 1976. However, it was reestablished in 1984, following the revision of the Constitution of 1982.

Composition

• President of the Portuguese Republic
• President of the Assembly of the Republic (Parliament)
• Prime Minister
• President of the Constitutional Court
• Provedor de Justiça (Ombudsman)
• President of the Government of the Autonomous Region of the Azores
• President of the Government of the Autonomous Region of Madeira
• Former elected Presidents of the Portuguese Republic
• Five members designated by the President of the Republic
• Five members elected by the Assembly of the Republic
• Secretary of the Council of State

Current members

From 29 September 2016:

Elements designated by Aníbal Cavaco Silva (as of 2016): Marcelo Rebelo de Sousa, Leonor Beleza, João Lobo Antunes, António Bagão Félix, Vítor Bento.

Elected by Parliament (2011): Francisco Pinto Balsemão, António José Seguro (resigned Sep 2014, replaced by Alfredo Bruto da Costa), Luís Marques Mendes, Manuel Alegre, Luís Filipe Menezes.

References