Constitutional Court of Portugal

15 1. Request 2. Admission 4. President’s Memorandum 6. Draft Ruling 7. Debate and final vote in Plenary 8. Ruling 5. Preliminary debate in Plenary and general outline of findings 3. Response from legislator Applicant ABSTRACT EX POST FACTO OR SUCCESSIVE REVIEW As the name indicates, this is a form of constitutional review that takes place after the norm or norms in question have been published. Who can request an ex post facto review? – The President of the Republic – The President of the Assembly of the Republic – The Prime Minister – The Ombudsman – The Attorney General – One tenth of the Members of the Assembly of the Republic When the grounds for the request involve rights of Autonomous Regions, it can be submitted by: – The Representative of the Republic in the Autonomous Region – The Legislative Assembly of the Autonomous Region or one tenth of its Members – The President of the Regional Government What happens if the Constitutional Court declares a norm unconstitutional? The decision possesses generally binding force, which means that the norm is eliminated from the legal order and can no longer be applied, be it by the courts, the public administration or private individuals. As a rule, the declaration has retroactive effects going back to the moment in time when the norm that has been found to be unconstitutional came into force. CONSTITUTIONAL COURT OF PORTUGAL PROCEDURAL DETAILS OF AN EX POST FACTO REVIEW CASE