Check for constitutionality or legality of initiatives

Legislative Initiative by Citizens (Law no. 17/2003 of 4 June 2003, last amended by Law no. 52/2017 of 13 July 2017)

Article 8: Admission

1 ‐ The President of the Assembly of the Republic shall admit the initiative, save if:

a) It addresses matters that are not included in its object, as defined in accordance with the law;

b) It does not respect the limits laid down in Article 4;

c) It does not fulfil the requisites provided for in Article 6(1) and (2).

2 ‐ In the cases provided for in subparagraph (c) of the previous paragraph, the decision shall be preceded by notification of the committee representing the subscribing citizens that, within a time limit of at most thirty working days, the shortcomings that have been found must be overcome.

3 ‐ Members of the Assembly of the Republic may appeal against decisions not to admit, in accordance with the Rules of Procedure.

Article 9: Scrutiny in committee

1 ‐ Once the initiative has been admitted, the President of the Assembly of the Republic shall order its publication in the Journal of the Assembly of the Republic and shall refer it to the competent specialised committee so that the latter may draw up the respective report and opinion within a time limit of thirty days.

2 ‐ In the event the initiative addresses a matter that is constitutionally or legally subject to mandatory participation or consultation, the committee shall take steps to ensure fulfilment of the provisions that are applicable under the law, statutes and the Rules of Procedure.

3 ‐ The committee may propose to the President of the Assembly of the Republic that the initiative be the object of public discussion because the matter is of special importance.

4 ‐ The committee representing the subscribing citizens shall obligatorily be consulted.

5 ‐ The time limit referred to in paragraph (1) shall be suspended during:

a) The period of time that is set for the mandatory public consultation, when applicable;

b) The period of time for the public discussion of the initiative;

c) The period of time needed to implement the step provided for in Article 6(3), when it is the committee that requests it.

Article 26: Initiative
Within the eight days following publication of a resolution of the Assembly of the Republic or the Council of Ministers, the President of the Republic shall submit the draft referendum to the Constitutional Court for the purposes of a prior review of its constitutionality and legality, to include consideration of the requisites regarding the respective electoral universe.

Legal Regime governing Referenda (Law no. 15-A/98 of 3 April 1998, last amended by Organic Law no. 3/2017 of 18 July 2017)

Article 17: Form

1 – Popular initiatives shall be submitted in writing, on paper or by electronic means, shall be addressed to the Assembly of the Republic, and shall contain the signatories’ identity details, to comprise the full name, identity card or citizen’s card number, electoral number and date of birth of each one. [...]

8 – Once compliance with the applicable provisions of the Constitution, the law and the Rules of Procedure has been verified, for the purposes of discussion and voting by the Plenary of the Assembly of the Republic initiatives of groups of registered electors shall take the form of a draft Member’s resolution.

Article 20: Procedural details

1 – Within a time limit of two days, the President of the Assembly of the Republic shall ask the committee with competence for the matter in question for an opinion on the referendum initiative, to be provided within the time limit he sets it.

2 – Once he has received the committee’s opinion, the President of the Assembly of the Republic shall either decide to admit the initiative or have the group of citizens’ representative notified that the text must be perfected within a time limit of at most twenty days.

3 – The parliamentary groups and the agents of the group of citizens who submitted the initiative shall be notified of the President of the Assembly of the Republic’s order.

4 – Once it has been admitted, the initiative shall be referred to the committee with competence for the matter in question.

5 – The committee shall hear the representative of the group of registered electors, in order to obtain the clarifications deemed necessary to an understanding of the questions that have been submitted and any reformulation thereof.

6 – Within a time limit of twenty days, the committee shall draw up a draft Member’s resolution incorporating the text of the referendum initiative and send it to the President of the Assembly of the Republic for scheduling.

7 – The President of the Assembly of the Republic must schedule the draft Member’s resolution for one of the next ten plenary sittings.

8 – The popular initiative shall obligatorily be considered and put to the vote by the Plenary.

Constitution (7th revision, 2005)

Article 281 (Abstract review of constitutionality and legality)

2. The following may ask the Constitutional Court for a declaration of unconstitutionality or illegality with generally binding force:

b) The President of the Assembly of the Republic; [...]