Council of State (Portugal)
The Council of State is a body established by the Portuguese Constitution to advise the President in the exercise of many of their discretionary powers.
History
Although there are notices about the existence of a Council of State in Portugal before 1385, the first permanent regiment for its functioning was established by King Sebastian through his charter of 8 September 1569.The Council of State continued to exist after the establishment of the Constitutional Monarchy in 1821. It was foreseen in the Portuguese Constitutions of 1822, 1826 and 1838.
After the 5 October 1910 revolution that established the Republic in Portugal, the Council of State was abolished, not being foreseen in the Constitution of 1911.
The Council of State was reestablished by the Constitution of 1933. It was again not foreseen by the Constitution of 1976. However, it was reestablished in 1984, following the revision of the Constitution of 1982.
Role
Besides summoning and advising the President whenever asked to do so by him/her, according to the Constitution the Council must be summoned by the President before:- dissolving the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
- declaring war and making peace, and
- removing the Government.
- setting the date for any election;
- calling an extraordinary sitting of the Parliament;
- appointing the Prime Minister;
- appointing and discharging, upon a proposal from the Govt., the President of the Court of Auditors, the Attorney General and the Chief of the General Staff of the Armed Forces ;
- appointing and discharging, upon a proposal from the Govt. and after consulting the CGSAF, an eventual Deputy Chief of the General Staff of the Armed Forces and the Chiefs of Staff of the three armed services;
- exercising the functions of Commander-in-Chief of the Armed Forces;
- appointing ambassadors and extraordinary envoys, and
- accrediting foreign diplomatic representatives.
Counsellor of State
Membership
According to article 142 of the Constitution, the Council is composed of the following members, known as Councillors of State:- Ex officio members, who remain in office for as long as they hold office:
- *President of the Portuguese Republic
- *President of the Assembly of the Republic
- *Prime Minister
- *President of the Constitutional Court
- *Ombudsman
- *[Presidents of the Regional Government of Madeira|Regional Government of the Azores|President] of the Azores Regional Government
- *President of the Madeira Regional Government
- *Former elected Presidents of the Republic
- Five members designated by the President of the Republic, whose office ends with the term of office of the President of the Republic that appointed them. The term of the President is 5 years.
- Five members elected by the Assembly of the Republic, whose membership expires at the end of the legislature. The term of the legislature is 4 years, unless an early election is called.
Taking Office and Term Limits
The members of the Council of State are sworn in by the President of the Republic.Members of the Council of State designated by the President and the Assembly of the Republic remain in office until the members who replace them in their respective positions take office.
Immunity
Councillors of State enjoy immunity as a sign of the highest honour of the office they hold. Thus, a Councillor of State may only be brought before a court with the prior authorisation of the Council, which waives his immunity. Unlike the immunity of the Members of the Assembly of the Republic, which must be waived when the crime in question is punishable by a sentence of more than 3 years imprisonment, the decision of the Council of State regarding the waiver of immunity of one of its members is free. In case of refusal the suspected member only answers in Court when he ceases to be a Councillor of State.Current Councillors of State
| Office | Member |
| President of the Republic and chair of the Council | Marcelo Rebelo de Sousa |
| President of the Assembly of the Republic | José Pedro Aguiar-Branco |
| Prime Minister | Luís Montenegro |
| President of the Constitutional Court | José João Abrantes |
| Ombudsman | Vacant |
| President of the Regional Government of Madeira | Miguel Albuquerque |
| President of the Regional Government of Azores | José Manuel Bolieiro |
| Former elected Presidents of the Republic | António Ramalho Eanes |
| Former elected Presidents of the Republic | Aníbal Cavaco Silva |
| Designated by the President of the Republic | Luís Marques Mendes |
| Designated by the President of the Republic | António Lobo Xavier |
| Designated by the President of the Republic | Leonor Beleza |
| Designated by the President of the Republic | Lídia Jorge |
| Designated by the President of the Republic | Joana Carneiro |
| Elected by the Assembly of the Republic | Vacant |
| Elected by the Assembly of the Republic | Carlos César |
| Elected by the Assembly of the Republic | Carlos Moedas |
| Elected by the Assembly of the Republic | Pedro Nuno Santos |
| Elected by the Assembly of the Republic | André Ventura |