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Council of State (Portugal)

释义

History
Role
Members
Current members^[4] Former members
References

The Council of State ({{lang-pt|Conselho de Estado}}, {{IPA-pt|kõˈsɐʎu ðɨ (ɨ)ʃˈtaðu|IPA}}) is a body established by the Portuguese Constitution to advise the President of the Republic in the exercise of many of his or her discretionary powers.^[1]^[2]^[3]

History

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

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

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

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

Role

Besides summoning and advising the President whenever asked to do so by him/her, according to the Constitution the Council must be summoned by the President before:^[1]

dissolving the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
declaring war and making peace, and
removing the Government.

It must also be summoned by the acting President before:

setting the date for any election;
calling an extraordinary sitting of the Parliament;
appointing the Prime Minister;
appointing and discharging, upon a proposal from the Govt., the President of the Court of Auditors, the Attorney General and the Chief of the General Staff of the Armed Forces (CGSAF);
appointing and discharging, upon a proposal from the Govt. and after consulting the CGSAF, an eventual Deputy Chief of the General Staff of the Armed Forces and the Chiefs of Staff of the three armed services;
exercising the functions of Commander-in-Chief of the Armed Forces;
appointing ambassadors and extraordinary envoys (upon a proposal from the Govt.), and
accrediting foreign diplomatic representatives.

Members

According to article 142 of the Constitution, the Council is composed of the following members:^[1]^[2]

President of the Portuguese Republic (chair the Council)
President of the Assembly of the Republic
Prime Minister
President of the Constitutional Court
Ombudsman
President of the Azores Regional Government
President of the Madeira Regional Government
Former elected Presidents of the Republic
Five members designated by the President of the Republic
Five members elected by the Assembly of the Republic

Members of the Council are immune from prosecution: they may not be brought before a court of law without prior agreement of the Council to lift their immunity or they are no longer serving on the Council.

Current members^[4]

Office	Member
President of the Republic and chair of the Council	Marcelo Rebelo de Sousa
President of the Assembly of the Republic	Eduardo Ferro Rodrigues
Prime Minister	António Costa
President of the Constitutional Court	Manuel da Costa Andrade
Ombudsman	José de Faria Costa
President of the Regional Government of Azores	Vasco Cordeiro
President of the Regional Government of Madeira	Miguel Albuquerque
Former elected Presidents of the Republic	António Ramalho Eanes
	Jorge Sampaio
	Aníbal Cavaco Silva
Designated by the President of the Republic	António Damâsio
	Eduardo Lourenço
	Luís Marques Mendes
	António Lobo Xavier
	Leonor Beleza
Elected by the Assembly of the Republic	Carlos César
	Francisco Louçã
	Domingos Abrantes
	Francisco Pinto Balsemão
	Adriano Moreira

Former members


Office	Member
Former elected President	Mário Soares (1996–2017)
Designated by President Rebelo de Sousa	António Guterres (resigned Nov. 2016)
Designated by President Cavaco Silva	Leonor Beleza
	João Lobo Antunes
	António Bagão Félix
	Vítor Bento
Elected by Parliament in 2011	Francisco Pinto Balsemão
	António José Seguro (resigned Sep. 2014)
	Alfredo Bruto da Costa (replaced Seguro)
	Luís Marques Mendes
	Manuel Alegre
	Luís Filipe Menezes

References

1. ^¹²{{Cite web|url=http://www.en.parlamento.pt/Legislation/CRP/Constitution7th.pdf|title=Constitution of the Portuguese Republic|last=|first=|date=|website=Assembleia da República|archive-url=|archive-date=|dead-url=no|access-date=12 January 2019}}
2. ^¹{{Cite web|url=http://countrystudies.us/portugal/78.htm|title=Portugal - The Council of State|website=Country Studies|archive-url=|archive-date=|dead-url=no|access-date=12 January 2019}}
3. ^{{Cite web|url=https://www.britannica.com/place/Portugal/Government-and-society|title=Portugal - Government and society|date=5 January 2019|website=Encyclopædia Britannica|archive-url=|archive-date=|dead-url=no|access-date=12 January 2019}}
4. ^{{Cite web|url=http://www.presidencia.pt/?idc=82&idl=2|title=Council of State - Members|website=Presidency of the Portuguese Republic|archive-url=|archive-date=|dead-url=no|access-date=12 January 2019}}

3 : Government of Portugal|Politics of Portugal|Advisory councils for heads of state

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