Constitutional Court of Portugal

18 ACCESS BY CITIZENS Can any citizen bring questions of constitutionality before the Constitutional Court? For reasons linked to the separation and balance of the powers of the state, nor can the Court ever decide whether or not a norm is unconstitutional on its own initiative. The Court can only pronounce itself on a norm if the question is submitted to it either by one of the entities with the competence to request a constitutional review, or by one of the parties to judicial proceedings. THE REVIEWOF LEGALITY In some cases the Constitutional Court also has the competence to control the legality of certain norms. The Court can declare the illegality of any norm contained in a legislative act, on the grounds that the norm is in breach of a law with superior legal force (for the laws that are included in this category, see Article 112[3] of the Constitution). The control of legality is especially important where the Autonomous Regions are concerned. On the one hand this entails considering whether legal norms issued by the organs of the Autonomous Regions are in conformity with the latter’s Statutes and with the laws on matters that are the exclusive competence of other legislative organs of the Republic; on the other, it means controlling the conformity of norms issued by such legislative organs with the rights that the Autonomous Regions are recognised to possess by those Statutes. The Court is thus called on to guarantee both the correct functioning of the autonomy regime which the Constitution establishes for the Azores and Madeira, and respect for the division of powers between the central organs of the state and the regional organs. CONCRETE REVIEW: It is via this form of review that any citizen can appeal to the Constitutional Court. However, such appeals are not brought directly before the Court: the question of constitutionality is raised at the court that is hearing the concrete case; as we have seen, it is this court that is competent to consider the question of constitutionality in the first place. Only once this court has decided, can one appeal – if necessary – to the Constitutional Court. This appeal is always lodged at the court that handed down the decision, and never directly with the Constitutional Court. In appeals to the Constitutional Court, citizens are always represented by a lawyer. The parties can make written submissions. The proceedings are conducted entirely in writing and there are no public hearings or oral interventions. ABSTRACT REVIEW: Citizens cannot directly apply for an abstract review, which can only be requested by the persons and entities provided for in the Constitution (listed above). Citizens can approach one of the latter (namely the Ombudsman or the Attorney General of the Republic), set out the question and ask them to request a review by the Constitutional Court.