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Parliament name (generic / translated) Assembleia da Republica / Assembly of the Republic Structure of parliament Unicameral POLITICAL SYSTEM Type of political regime presidential Notes The President of the Republic is the Head of State, embodying national unity, representing the nation domestically and internationally, and overseeing the operation of the state organs (Article 117 of the Constitution). He is the commander-in-chief of the armed forces. Head of the executive President of the Republic Notes The President is at the same time the Head of the executive, consisting of a Council of Ministers (Article 149 of the Constitution). Government policies are formulated by the Council of Ministers in sessions chaired by the President. In discharging its functions, the Council does so in accordance with the decisions of the President and the Assembly. The President delegates power to the Prime Minister to convene and chair the cabinet. Method for appointing the executive The President is elected by direct universal suffrage (Article 118 of the Constitution). In the function of directing Government activity, the President has the power to appoint, exonerate, and dismiss the Prime Minister, as well as other ministers and deputy ministers. Term of office of the executive and coincidence with the term of the legislature The President is elected for a term of office of five years, his term coinciding with the term of the legislature. He may be re-elected on two consecutive occasions only. A President who has been re-elected on two consecutive occasions may only be a candidate for further presidential elections five years after the end of his last term of office. Incompatibility of the functions of member of the executive and member of Parliament Yes The functions of a deputy are incompatible with those of the President or member of the government. Dissolution of Parliament Yes Circumstances The President, in his role as Head of State, may dissolve the Assembly of the Republic if the Assembly does not approve the program of the government. Modalities The President can dissolve the Assembly only once if it does not approve the government's programme. ACCOUNTABILITY Accountability of Government to Parliament Yes The Council of Ministers is responsible to the President and to the Assembly for the conduct of domestic and foreign policy, and gives account to them of its activities (Article 151 of the Constitution). The accountability is collective. In addition, ministers are accountable to the President and to the Prime Minister for the implementation of the decisions of the cabinet within their areas of jurisdiction. Modalities of oversight Oral and written questions of parliamentarians On the first day of the session, parliamentarians can put oral and written questions to the government, and these questions must be answered in the same way. Written questions must be sent a week before the day of the session. A written question can give rise to a debate if the parliamentarian so requires. Answers to oral questions must be given on the same day. Government reports to Parliament The Assembly appraises and approves progress reports from the Council of Ministers (Article 135.g of the Constitution). The Prime Minister can also present government reports and explain the government's position to the Assembly. Measures Vote of confidence on Government programs and/or legislative proposals At the beginning of each legislative session, the Assembly debates and evaluates the government's programme (Article 136 of the Constitution). The government may present a revised programme that takes the conclusions of that debate into account. Should the Assembly, after debate, reject the government's programme, the President may dissolve the Assembly and call new general elections. Motions of censure and votes of no confidence (sub-report) Circumstances A motion of censure may be tabled in the case of (i) disapproval of actions taken by the government; (ii) breach of the Constitution or the law; (iii) prejudice to the higher interest of the nation, peace, freedom and security; and (iv) violation of human rights. The President may also dismiss individual government ministers. Modalites The law does not specify the nature of the majority necessary to approve a motion of censure. The President dismisses the cabinet if its programme is rejected a second time by the Assembly (Article 120, paragraph f of the Constitution). Consequences The Constitution and other laws do not expressly specify the consequences of a motion of censure being adopted by the Assembly against the government. The President simply dismisses the members of the government. Between 1990 and 2000, no motions of censure were tabled, but one motion of disapproval of action was taken against the Attorney General. Dismissal and/or impeachment of Government and other public officials (sub-report) Circumstances and persons concerned The President enjoys immunity from civil and criminal proceedings with respect to actions taken in the discharge of his or her duties (Article 132 of the Constitution). During the term of office, the President may not be sued in court for actions taken outside the discharge of his or her duties. Modalites and procedure Not applicable Consequences Not applicable Have these procedures been applied? Not applicable OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION Oversight over the actions of the Government administration Yes The Council of Ministers heads the administration and is collectively responsible to the President and to the Assembly for the conduct of domestic and foreign policy, and gives account to them of its activities. Ministers are accountable to the President and to the Prime Minister for the implementation of the decisions of the cabinet within their areas of jurisdiction. Means and modalities of oversight Hearings in Committees The Assembly exercises oversight over the actions of the administration by holding hearings in committees. Committees of inquiry and missions to Government departments The Assembly exercises oversight over the actions of the administration through committees of inquiry. Oral and written questions of parliamentarians On the first day of the session, parliamentarians can put oral and written questions to the government, and these questions must be answered in the same way. Written questions must be sent a week before the day of the session. A written question can give rise to a debate if the parliamentarian so requires. Answers to oral questions must be given on the same day. Role of Parliament in the appointment of senior Government officials The Assembly has the competence to ratify the appointment of the President and Deputy President of the Supreme Court, the President of the Constitutional Council and the President of the Administrative Court. Furthermore, it plays a role in setting up the highest judicial magistrate council, a management body, through the election of four of its fifteen members. Activity reports of the Government administration and of public services or establishments Not applicable Representation of Parliament in governing bodies of the Government administration Not applicable Existence of an ombudsman No Method for appointing the executive Not applicable Relationship to Parliament Not applicable BUDGETARY OVERSIGHT Consultation of Parliament in the preparation of the national budget No The Council of Ministers drafts the state plan and budget, and implements these after they have been approved by the Assembly (Article 153, paragraph d of the Constitution). Modalities of oversight Examination of the budget / finance act by Parliament The Assembly appraises and approves the state plan and budget and the respective reports concerning their implementation (Article 135, paragraph h of the Constitution). Reports on the budget / finance act by Committees The Assembly exercises budgetary oversight through reports from the committee for the state plan and finance. After having been received by the Assembly, the draft finance act is distributed to all committees to be examined to ascertain (i) that the moneys shown in the accounts are legally available for and applicable to the service or purpose they will be applied; (ii) that the expenditure conforms to the authority which governs it; and (iii) that any re-appropriations be made in accordance with the provisions made for them under rules framed by the competent authority. Fields overseen Defence budget Not applicable Budget of special departments Not applicable Role of Parliament in national development plans Not applicable Parliament's deadline for the examination and adoption of the budget / finance act The draft finance bill must be presented to the Assembly 30 days before the date of the session. Consequences of failure by Parliament to adopt the budget / finance act If the Assembly fails to adopt the finance bill, it recommends the use of the limits of the previous budget in order to guarantee the activities of public services. Budgetary autonomy of Parliament No The budget of the Assembly is included in the general state budget. OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING Evaluation of Government spending Parliament approves Government expenditures annually Yes The Assembly appraises and approves reports concerning the budget implementation (Article 135, paragraph h of the Constitution). Parliamentary oversight of public companies Yes The Assembly has special means for overseeing public companies in the standing committees. Modalities of oversight Body for auditing the Government's books and method for appointing The Administrative Court is the body that audits the government's books, but it is not appointed by the Assembly. Reports of the public auditor's office The court is not obliged to report to the Assembly directly. However, an important function of committees is to ascertain that the money granted by the Assembly has been spent by the government "within the scope of the request". All committees prepare and present reports that extend beyond the formality of any expenditure to encompass its wisdom, faithfulness and economy. During the examination, the reports on the accounts of the government presented by the Administrative Court are taken into account. Specialised committee The Assembly appraises and approves the progress reports from the Council of Ministers. OVERSIGHT OVER FOREIGN POLICY Foreign Relations Committee (sub-report) Functions of the Committee The Assembly exercises oversight over foreign policy through the foreign relations committee. Powers of the Committee Not available Composition of the Committee Not available Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad The Assembly exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences. Plenary debates on foreign policy issues The Assembly exercises oversight over foreign policy by organising plenary debates on foreign policy issues. Involvement of Parliament Participation of Parliament in inter-governmental meetings Parliamentarians may participate in intergovernmental meetings at the request of the government. Modalities and procedures for ratifying international treaties and agreements (sub-report) The Council of Ministers prepares the signing and formalisation of international treaties, and signs, ratifies, adheres to and terminates international agreements (Article 153, paragraph f of the Constitution). According to Article 135, paragraph k of the Constitution, all international treaties are ratified and terminated by the Assembly. Other mechanisms for participation in foreign policy by Parliament There are no other means of oversight in addition to the above. OVERSIGHT OVER NATIONAL DEFENCE POLICY National Defence Committee (sub-report) Functions of the Committee The Assembly exercises oversight over defence policy through the standing committee on defence and public order. Powers of the Committee Not available Composition of the Committee Not available Parliamentary oversight of public arms manufacturing companies Not applicable Circumstances and involvement Modalities and procedures in case of war, an armed attack or a state of emergency Not applicable Role of Parliament in sending troops abroad Not applicable Other mechanisms for participation in national defence policy by Parliament In matters of national defence and public order, the President has the power to (i) declare a state of war and its termination, a "state of siege" or a state of emergency; (ii) make treaties; (iii) decree general or partial mobilisation; and (iv) appoint, exonerate and dismiss the chief of the general staff, the general commander of the police, the commanders of the various wings of the armed forces, and other officers of the defence and security forces (Article 122 of the Constitution). The Assembly participates in the conduct of national defence policy by defining the defence and security policies and by promoting peace and national reconciliation. STATE OF EMERGENCY Circumstances The President has the power to declare a state of war and its termination, as well as a "state of siege" or a state of emergency (Article 122 of the Constitution). The Assembly ratifies the suspension of constitutional guarantees and the declaration of a "state of siege" or a state of emergency (Article 135, paragraph e of the Constitution). In practice, the state of emergency may be declared in circumstances of war and natural disaster. Can parliament take the initiative to declare a state of emergency No Consequences of a state of emergency for Parliament There are no provisions in the Constitution or laws about what may happen with the Assembly in case of a state of emergency. VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS Modalities of oversight Body ruling on the constitutionality of laws Constitutional Council The Constitutional Council is a body with special jurisdiction on legal questions arising from or related to the Constitution (Article 180 of the Constitution). Means and procedures The Constitutional Council has the power to (i) adjudicate the constitutionality and legality of legislative and regulatory acts of state bodies; (ii) settle conflicts of jurisdiction between state bodies; and (iii) pronounce upon the legality of referenda. In the specific area of elections, the Constitutional Council has the power to (i) supervise the electoral process; (ii) verify the legal prerequisites required of candidates for the post of President; (iii) rule, as an appeal body, on electoral complaints; and (iv) validate and declare the final results of the electoral process (Article 181 of the Constitution). The following may request a declaration of unconstitutionality or illegality from the Constitutional Council, (i) the President of the Republic; (ii) the President of the Assembly; (iii) the Prime Minister; and (iv) the Attorney General. The effects of the declaration of the unconstitutionality or illegality of laws are to suspend their application. There are no appeals against decisions of the Constitutional Council, which are published in the Boletim da Republica. Evaluation of laws Yes The Assembly has a standing committee that is responsible for evaluating laws. The committee has the power to make opinions about the constitutionality and legality of all draft bills submitted to the Assembly. Measures

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