Text of the Constitution (in English)
1. Provisions concerning the European Union
Art. 7 (International Relations) 6. Subject to reciprocity and to respect for the fundamental principles of a democratic state based on the rule of law and for the principle of subsidiarity, and with a view to the achievement of the economic, social and territorial cohesion of an area of freedom, security and justice and the definition and implementation of a common external, security and defence policy, Portugal may enter into agreements for the exercise jointly, in cooperation or by the Union’s institutions, of the powers needed to construct and deepen the European Union.
Art. 8 (International law) 4. The provisions of the treaties that govern the European Union and the rules issued by its institutions in the exercise of their respective responsibilities shall apply in Portuguese internal law in accordance with Union law and with respect for the fundamental principles of a democratic state based on the rule of law.
Art. 15 (Foreigners, stateless persons, European citizens) 5. Subject to reciprocity, the law may also grant citizens of European Union Member States who reside in Portugal the right to vote for and stand for election as Members of the European Parliament.
Art. 33 (Deportation, extradition and right of asylum) 5. The provisions of the previous paragraphs shall not prejudice the application of such rules governing judicial cooperation in the criminal field as may be laid down under the aegis of the European Union.
Art. 112 (Legislation) 8. The transposition of European Union legislation and other legal acts into the internal legal system shall take the form of a law, an executive law, or, in accordance with (4) above, a regional legislative decree.
Art. 119 (Publicising of acts) 1. The following shall be published in the official journal – the Diário da República:
i) The results of elections to bodies that exercise sovereign power, bodies of autonomous regions and local authority bodies, as well as to the European Parliament, and the results of national and regional referenda.
Art. 133 (Responsibilities in relation to other bodies) In relation to other bodies the President of the Republic shall be responsible for:
b) In accordance with electoral law, setting the date for elections for President of the
Republic, Members of the Assembly of the Republic, Members of the European Parliament and members of the Legislative Assemblies of the autonomous regions;
Art. 161 (Political and legislative responsibilities) The Assembly of the Republic shall be responsible for:
n) Pronouncing, as laid down by law, on such matters awaiting decision by European Union bodies as concern the sphere of its exclusive legislative responsibility;
Art. 163 (Responsibilities in relation to other bodies) In relation to other bodies the Assembly of the Republic shall be responsible for:
f) As laid down by law, supervising and considering Portugal’s participation in the
process of constructing the European Union;
Art. 164 (Exclusive responsibility to legislate) The Assembly of the Republic shall possess exclusive responsibility to legislate on the following matters:
p) The rules governing the appointment of members of European Union bodies, with the exception of the Commission;
Art. 197 (Political responsibilities) 1. In the exercise of its political functions the Government shall be responsible for:
i) For the purpose of Articles 161n and 163f and in good time, submitting information concerning the process of constructing the European Union to the Assembly of the Republic;
Art. 227 (Powers of the autonomous regions) 1.The autonomous regions shall be territorial bodies corporate and shall posses the following powers, which shall be defined in their statutes:
v) On their own initiative, or when consulted by bodies that exercise sovereign power, to give their opinion on issues that fall under the latter’s responsibility and concern the autonomous regions, and in matters that concern their specific interests, on the definition of the Portuguese state’s positions within the ambit of the process of constructing the European Union;
x) To participate, when matters that concern them are at stake, in the process of constructing the European Union by means of their representation in European regional institutions and on delegations involved in European Union decision-making processes, as well as to transpose Union legislation and other legal acts in accordance with Article 112.
Art. 295 (Referendum on European Treaty) The provisions of Article 115(3) shall not prejudice the possibility of calling and holding a referendum on the approval of a treaty aimed at the construction and deepening of the European Union.
2. Provisions concerning International Treaties
Art.7 (International relations) 1. In its international relations Portugal shall be governed by the principles of national independence, respect for human rights, the rights of peoples, equality between states, the peaceful settlement of international conflicts, non-interference in the internal affairs of other states and cooperation with all other peoples with a view to the emancipation and progress of mankind.
2. Portugal shall advocate the abolition of imperialism, colonialism and all other forms of aggression, dominion and exploitation in the relations between peoples, as well as simultaneous and controlled general disarmament, the dissolution of the political-military blocs and the setting up of a collective security system, all with a view to the creation of an international order with the ability to ensure peace and justice in the relations between peoples.
3. Portugal shall recognise peoples’ rights to self-determination and independence and to development, as well as the right to insurrection against all forms of oppression.
4. Portugal shall maintain privileged ties of friendship and cooperation with Portuguese-speaking countries.
5. Portugal shall make every effort to reinforce the European identity and to strengthen the European states’ actions in favour of democracy, peace, economic progress and justice in the relations between peoples.
For 6 see above.
7. With a view to achieving an international justice that promotes respect for the rights of both individual human persons and peoples, and subject to the provisions governing complementarity and the other terms laid down in the Rome Statute, Portugal may accept the jurisdiction of the International Criminal Court.
Art. 8 (International law) 1. The rules and principles of general or common international law shall form an integral part of Portuguese law.
2. The rules set out in duly ratified or passed international agreements shall come into force in Portuguese internal law once they have been officially published, and shall remain so for as long as they are internationally binding on the Portuguese state.
3. Rules issued by the competent bodies of international organisations to which Portugal belongs shall come directly into force in Portuguese internal law, on condition that this is laid down in the respective constituent treaties.
For 4 see above.
3. Provisions concerning constitutional reform
Art. 284 (Responsibility and time for revisions) 1. The Assembly of the Republic may revise the Constitution five years after the date of publication of the last ordinary revision law.
2. However, by a four-fifths majority of all the Members in full exercise of their office,
the Assembly of the Republic may take extraordinary revision powers at any time.
Art. 285 (Power to initiate revisions) 1. Members shall possess the power to initiate revisions.
2. Once a draft revision of the Constitution has been submitted, any others shall be
submitted within thirty days.
Art. 286 (Passage and enactment) 1. Alterations to the Constitution shall require passage by a two-thirds majority of all the Members in full exercise of their office.
2. Such alterations to the Constitution as are passed shall be collected together in a
single revision law.
3. The President of the Republic shall not refuse to enact such laws.
Art. 287 (New text of the Constitution) 1. Alterations to the Constitution shall be inserted in the correct place by means of such replacements, eliminations and additions as may be necessary.
2. The new text of the Constitution shall be published along with the revision law.
Art. 288 (Matters in which revision shall be restricted) Constitutional revision laws shall respect:
a) National independence and the unity of the state;
b) The republican form of government;
c) The separation between church and state;
d) Citizens’ rights, freedoms and guarantees;
e) The rights of workers, workers’ committees and trade unions;
f) The coexistence of the public, private and cooperative and social sectors in relation to the ownership of the means of production;
g) The requirement for economic plans, which shall exist within the framework of a
mixed economy;
h) The elected appointment of the officeholders of the bodies that exercise sovereign power, of the bodies of the autonomous regions and of local government bodies by universal, direct, secret and periodic suffrage; and the proportional representation system;
i) Plural expression and political organisation, including political parties, and the right
to democratic opposition;
j) The separation and interdependence of the bodies that exercise sovereign power;
l) The subjection of legal rules to a review of their positive constitutionality and of their unconstitutionality by omission;
m) The independence of the courts;
n) The autonomy of local authorities;
o) The political and administrative autonomy of the Azores and Madeira archipelagos.
Art. 289 (Circumstances in which revision shall be restricted) No act involving the revision of this Constitution shall be undertaken during a state of siege or a state of emergency.
4. Provisions concerning referendums
Art. 115 (Referenda) 1. In cases provided for in, and as laid down by, this Constitution and the law, following a proposal from the Assembly of the Republic or the Government in relation to matters that fall under their respective responsibilities, the President of the Republic may decide to call upon citizens who are registered to vote in Portuguese territory to directly and bindingly pronounce themselves by referendum.
2. Referenda may also be held on the initiative of citizens who submit a request to the Assembly of the Republic. Such requests shall be submitted and considered under the terms and within the time limits laid down by law.
3. The object of a referendum shall be limited to important issues concerning the national interest upon which the Assembly of the Republic or the Government must decide by passing an international agreement or by passing legislation.
4. The following shall not be subject to referendum:
a) Alterations to this Constitution;
b) Issues and acts with a budgetary, tax-related or financial content;
c) The matters provided for in Article 161, without prejudice to the provisions of the
following paragraph;
d) The matters provided for in Article 164, save the provisions of subparagraph i).
5. The provisions of the previous paragraph shall not prejudice the submission to referendum of such important issues concerning the national interest as should be the object of an international agreement pursuant to Article 161i, except when they concern peace or the rectification of borders.
6. Each referendum shall only address one matter. Questions shall be objectively, clearly and precisely formulated, shall solicit yes or no answers, and shall not exceed a maximum number to be laid down by law. The law shall also lay down the other terms governing the formulation and holding of referenda.
7. Referenda shall not be called or held between the dates on which general elections for the bodies that exercise sovereign power, elections for the self-government bodies of the autonomous regions, for local authority bodies and for Members of the European Parliament are called and those on which they are held.
8. The President of the Republic shall submit all draft referenda submitted to him by the Assembly of the Republic or the Government, to compulsory prior determination of their constitutionality and legality.
9. The provisions of Article 113(1), (2), (3), (4) and (7) shall apply to referenda, mutatis mutandis.
10. Draft referenda that are refused by the President of the Republic or are negatived by the electorate shall not be resubmitted during the same legislative session, save new elections to the Assembly of the Republic, or until the Government resigns or is removed.
11. Referenda shall only be binding in the event that the number of voters exceeds half the number of registered electors.
12. Citizens who reside abroad and are properly registered to vote under the provisions of Article 121(2) shall be called upon to take part in referenda that address matters which specifically also concern them.
13. Referenda may be regional in scope, in accordance with Article 232(2).