Constitutional Court of Portugal

13 CONSTITUTIONAL COURT OF PORTUGAL PRIOR ABSTRACT REVIEW As its name suggests, this is a review of a norm’s constitutionality prior to – i.e. before – the publication and entry into force of the normative act containing it. It makes it possible to prevent unconstitutional norms, or norms whose constitutionality is in doubt, from taking effect. Who can request a prior review? – The President of the Republic Every law passed by the Assembly of the Republic and every executive law issued by the Government must be enacted by the President of the Republic. When the latter receives a legislative act from the Assembly of the Republic or the Government for enactment as a law or executive law, he/she can ask the Constitutional Court to first consider the constitutionality of any of the norms it contains. The same is true of norms included in international treaties that are sent to the President of the Republic for ratification. – The Representatives of the Republic in the Autonomous Regions The Representative of the Republic in an Autonomous Region can ask the Constitutional Court to conduct a prior review of the constitutionality of any norm set out in a regional legislative decree that is sent to him/her for signature. – The Prime Minister or one fifth of the Members of the Assembly of the Republic When a norm is contained in a legislative act which the Assembly of the Republic has passed in the form of an “organic law” (these are laws with superior value or “force”, and are required in order to legislate on especially important matters). PRIOR ABSTRACT EX POST FACTO OR SUCCESSIVE FORMS OF REVIEW BY OMISSION CONCRETE