Judgment Reviews Law at Portugal
Portugal's judicial review system is centered on the Constitutional Court (Tribunal Constitucional), which holds the exclusive authority to assess the constitutionality of laws and legal norms. While ordinary courts can evaluate the constitutionality of legal provisions in specific cases, their decisions are subject to appeal to the Constitutional Court, which has the final say on constitutional matters.
⚖️ Constitutional Court: Mandate and Jurisdiction
Established in 1982, the Constitutional Court is a specialized body within the judicial branch of Portugal. Its primary functions include:
Reviewing the constitutionality of laws and legal norms: The Court assesses whether legal provisions align with the Constitution, ensuring that new laws do not infringe upon constitutional principles.
Adjudicating electoral disputes: It handles matters related to the legality of elections and referendums.
Overseeing political parties: The Court monitors the activities of political parties to ensure they comply with constitutional norms.
Evaluating the constitutionality of legal norms applied in specific cases: While ordinary courts can question the constitutionality of legal provisions in individual cases, their decisions are subject to appeal to the Constitutional Court, which has the final authority.
The Constitutional Court's decisions are binding on all public and private entities, and they take precedence over rulings by other courts or authorities. This ensures uniformity and consistency in the interpretation and application of the Constitution.
🏛️ Composition and Appointment
The Constitutional Court comprises 13 justices
10 are elected by the Assembly of the Republic:They are chosen by a two-thirds majority of the members present, provided that this majority is greater than half of the total number of deputies
3 are co-opted by the elected justices:These justices are selected by the existing members of the Court, also by a two-thirds majority Justices serve nine-year terms and cannot be re-elected, ensuring independence and impartiality in their decision-making The Court operates independently from other branches of government, and its decisions are final and binding
🧾 Recent Judicial Review Example
In April 2024, the Constitutional Court declared an extraordinary levy on renewable energy utilities, known as the CESE (Contribuição Extraordinária sobre o Setor Energético), unconstitutiona. The Court ruled that applying this levy to renewable utilities violated the principle of equality, as these entities neither caused the electricity sector's accumulated tariff debt nor directly benefited from its reductio. This decision underscored the Court's role in upholding constitutional principles and ensuring that laws are applied equitabl.
✅ Summary
Primary Institution for Judicial Review The Constitutional Court, with exclusive authority to assess the constitutionality of laws and legal norm.
Role of Ordinary Courts While they can evaluate the constitutionality of legal provisions in specific cases, their decisions are subject to appeal to the Constitutional Cour.
Recent Developments The Constitutional Court continues to play a vital role in ensuring that laws and legal norms align with constitutional principles, as demonstrated in its recent ruling on the CESE lev.In conclusion, Portugal's judicial review system, with the Constitutional Court at its helm, ensures that laws and legal norms adhere to constitutional standards, protecting individual rights and maintaining the rule of la.
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