Constitutional Court of Portugal

19 The Constitutional Court’s other functions As we mentioned earlier, besides reviewing constitutionality and legality, the Court also has some other important competences – particularly regarding the President of the Republic, political parties, electoral matters, referenda, and public officeholders: CONSTITUTIONAL COURT OF PORTUGAL COMPETENCES WITH REGARD TO THE PRESIDENT OF THE REPUBLIC – Verifying the death of the President of the Republic, or declaring his/her permanent physical incapacity; verifying cases in which he/she is temporarily prevented from exercising those functions; and also verifying the loss of the President of the Republic’s office, in the cases provided for in the Constitution. COMPETENCE IN ELECTORAL MATTERS – Receiving and admitting candidacies for President of the Republic. – Verifying the death and declaring the incapacity to exercise the presidential function of any candidate for the office of President of the Republic. – Hearing appeals against decisions on challenges and protests submitted in the minutes of the process of determining the result of elections for President of the Republic. – Hearing appeals in matters regarding disputes about the submission of candidacies and other electoral disputes concerning elections for President of the Republic, the Assembly of the Republic, Regional Assemblies and local authority organs. – Receiving and admitting candidacies for election as Member of the European Parliament and hearing any related appeals, as well as appeals regarding electoral disputes linked to the same elections. – Hearing appeals lodged against acts of electoral administration organs, such as the National Electoral Commission. – Hearing appeals regarding elections held at the Assembly of the Republic or Regional Legislative Assemblies. DISPUTES REGARDING THE LOSS OF SEAT OF MEMBERS OF THE ASSEMBLY OF THE REPUBLIC OR OF REGIONAL LEGISLATIVE ASSEMBLIES – Hearing appeals regarding the loss of seat of a Member of the Assembly of the Republic or a Member of one of the Regional Legislative Assemblies. COMPETENCES WITH REGARD TO POLITICAL PARTIES – Verifying t he legality of the formation of political parties and their coalitions, assessing the legality of their names, initials and symbols, and ordering their abolition, in accordance with the Constitution and the law. – Declaring that an organisation displays a fascist ideology and ordering its abolition. – Hearing legal challenges against elections to and decisions of party political organs, when those decisions are subject to appeal. – Assessing whether political parties’ accounts are in order and legal, and imposing the corresponding sanctions if not. REFERENDA – Verifying, in advance, the constitutionality and legality of national, regional and local referenda. COMPETENCES REGARDING POLITICAL OFFICEHOLDERS AND EQUIVALENTS – Receiving and assessing political officeholders’ declarations of assets and income, and their declarations of incompatibilities and disqualifications.

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