Constitutional Court (Portugal)

Constitutional Court
Tribunal Constitucional
Constitutional Court logo
Ratton Palace in Bairro Alto, Lisbon,
seat of the Constitutional Court
Interactive map of Constitutional Court
38°42′50.382″N 9°8′52.1124″W / 38.71399500°N 9.147809000°W / 38.71399500; -9.147809000
EstablishedNovember 3, 1982 (1982-11-03)
LocationRatton Palace, Rua do Século 111, Lisbon, Portugal
Coordinates38°42′50.382″N 9°8′52.1124″W / 38.71399500°N 9.147809000°W / 38.71399500; -9.147809000
Composition method10 justices elected by the parliament, 3 justices elected by co-option
Authorised byConstitution of Portugal
Appeals toNone
Judge term length9 years
Number of positions13
WebsiteTC
President of the Constitutional Court
CurrentlyJoão Carlos Loureiro
SinceApril 26, 2023 (2023-04-26)

The Constitutional Court (Portuguese: Tribunal Constitucional, pronounced [tɾiβuˈnal kõʃtitusiuˈnal]) is the supreme constitutional court of Portugal.[1] It is defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition, and unique competences. The main task of the court is to review the constitutionality of the newly approved laws, but it also has important powers related to the president of the republic, the political parties, and referendums.

The Portuguese Constitution defines the Constitutional Court as a completely independent organ that operates independently from the other branches of government, such as the executive or the legislative. The justices of the Constitutional Court are independent and cannot be impeached. The decisions of the court are above the decisions of any other authority.

The court convenes in Lisbon, in the Ratton Palace located in Bairro Alto.

Organization

Created in 1982, following a a constitutional review,[2] the court is composed by thirteen justices, ten of whom are elected by the Assembly of the Republic, the main legislative branch of the country, and they must be elected by two-thirds majority of the members of the Assembly. The remaining three are elected by the already elected justices. Of the thirteen justices, six must be chosen among the general court's judges, and the remainder must have at least a degree in law. The justices serve a nine-year mandate and cannot be re-elected.

The Constitutional Court elects its own president and vice-president and approves its own rules, schedule and budget.

The president of the Constitutional Court (together with the president of the Supreme Court) is the fourth person in the Portuguese state hierarchy (after the president of the republic, the president of the Assembly of the Republic, and the prime minister, in that order) and has several competences, such as conducting the relations between the court and the other authorities, receiving the candidatures for president of the republic and presiding the court's sessions. The current president (as of 2026) is João Carlos Loureiro.[3]

Competences

The Constitutional Court has several competences, defined in the Constitution, such as:[4]

  • Assure that the Constitution and regional autonomies are respected;
  • Review and assure the constitutionality of the laws;
  • Declare the president's death or inability to carry out his tasks;
  • Manage the electoral processes;
  • Assure that political parties fulfil the legal requirements to exist;
  • Prohibit and dissolve fascist parties and organizations;
  • Assure the legality of the national and local referendums.

Judges

Current composition of the Court.[5][6][7][3]

No. Judge Party designation Tenure Alma mater Career path
Start End
1 Judge President
João Carlos Loureiro
Co-opted Social Democratic 25 April
2023
2032 University of Coimbra Professor at University of Coimbra
2 Deputy Judge President
Rui Guerra da Fonseca
Co-opted Socialist 25 April
2023
2032 University of Lisbon Professor at University of Lisbon
3 Judge
Mariana Canotilho
Communist 2 April
2019
2028 University of Coimbra Legal Advisor at the Constitutional Court
4 Judge
Afonso Patrão
Social Democratic 12 October
2021
2030 University of Coimbra Legal Advisor at the Constitutional Court
5 Judge
José Ascensão Ramos
Socialist 12 October
2021
2030 University of Coimbra Presiding Judge of the Leiria District Court
6 Judge
José Eduardo Figueiredo Dias
Social Democratic 12 October
2021
2030 University of Coimbra President of the Entity for Political Accounts and Financing
7 Judge
Maria Benedita Urbano
Social Democratic 12 October
2021
2030 University of Coimbra Advisor to the Supreme Administrative Court
8 Judge
Carlos Carvalho
Co-opted Independent 25 April
2023
2032 University of Lisbon Advisor to the Supreme Administrative Court
9 Judge
Dora Lucas Neto
Socialist 11 December
2023
2032 University of Lisbon Advisor to the Supreme Administrative Court
10 Judge
Joaquim Cardoso da Costa
Social Democratic 15 June
2026
2035 University of Coimbra Director of the State Legal Center
11 Judge
Gabriela Cunha Rodrigues
Socialist 15 June
2026
2035 University of Lisbon Chief of Staff to the President of the Supreme Court of Justice
12 Judge
Maria Paula Ribeiro Faria
Social Democratic 15 June
2026
2035 University of Coimbra Professor at Porto's Catholic University
13 Judge
Luís Filipe Brites Lameiras
Chega 15 June
2026
2035 University of Lisbon Judge of Lisbon's Court of Appeal

See also

References

  1. ↑ Joaquim de Sousa Ribeiro and Esperança Mealha. "Constitutional Courts as "Positive Legislators"" (PDF). Constitutional Court (Portugal). Archived from the original (PDF) on 3 April 2025.
  2. ↑ "Revisão Constitucional de 1982". infopedia.pt. Infópedia Dicionários da Porto Editora. Retrieved 6 April 2026.
  3. 1 2 "João Carlos Loureiro, até aqui vice, é o novo presidente do Tribunal Constitucional". Público. 15 June 2026. Retrieved 15 June 2026.
  4. ↑ "Lei n.º 28/82, de 15 de novembro". Diário da República. 15 November 1982. Retrieved 15 June 2026.
  5. ↑ "Composição". Constitutional Court (Portugal). Retrieved 10 March 2026.
  6. ↑ "Juízes do Tribunal Constitucional". Público. 30 May 2014. Retrieved 10 March 2026.
  7. ↑ "Esquerda arrisca perder cargos de influência para PS". Observador. 10 February 2022. Retrieved 10 March 2026.