Constitutional Court of Portugal

14 Prior review proceedings are characterised by their strict deadlines. The President of the Republic or Representative of the Republic has 8 days in which to request the prior consideration of constitutionality; and the Constitutional Court must then pronounce itself within at most 25 days. What happens if the Constitutional Court pronounces a norm unconstitutional? In this case the President of the Republic or the Representative of the Republic in the Autonomous Region must veto the legislative act and return it to the organ that passed it. The latter can then reformulate the act (eliminating or correcting the norm that has been held unconstitutional), or confirm its passage, in which case it must do so by a majority of 2/3 of its Members. To date, the Assembly of the Republic has never exercised this power to confirm, but has instead always reformulated or expunged norms that have been pronounced unconstitutional. PROCEDURAL DETAILS OF A PRIOR REVIEW CASE Applicant 1. Request 2. Admission and distribution (1 day) 4. Rapporteur’s memorandum (5 days) 6. Draft Ruling (7 days) 7. Debate and final vote in Plenary 8. Ruling 5. Preliminary debate in Plenary and general outline of findings (10 days) 3. Response from legislator (3 days)