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:
| Office | Member |
|---|---|
| President of the Portuguese Republic | 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 |
| Provider of Justice (Ombudsman) | Alfredo José de Sousa |
| President of the Regional Government of Azores | Vasco Cordeiro |
| President of the Regional Government of Madeira | Miguel Albuquerque |
| Former elected President of the Portuguese Republic | António Ramalho Eanes |
| Former elected President of the Portuguese Republic | Mário Soares |
| Former elected President of the Portuguese Republic | Jorge Sampaio |
| Former elected President of the Portuguese Republic | Aníbal Cavaco Silva |
| Designated by the President of the Republic | António Guterres |
| Designated by the President of the Republic | Eduardo Lourenço |
| 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 |
| Elected by the Assembly of the Republic | Carlos César |
| Elected by the Assembly of the Republic | Francisco Louçã |
| Elected by the Assembly of the Republic | Domingos Abrantes |
| Elected by the Assembly of the Republic | Francisco Pinto Balsemão |
| Elected by the Assembly of the Republic | Adriano Moreira |
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.