# Council of State (Portugal)

The Council of State (Portuguese: Conselho de Estado, IPA:) is a body established by the Portuguese Constitution to advise the President of the Republic in the exercise of many of his or her discretionary powers.

## History

Although there are notices about the existence of a Council of State in Portugal before 1385, the first permanent regiment for its functioning was established by King Sebastian through his charter of 8 September 1569.
The Council of State continued to exist after the establishment of the Constitutional Monarchy in 1821. It was foreseen in the Portuguese Constitutions of 1822, 1826 and 1838.
After the 5 October 1910 revolution that established the Republic in Portugal, the Council of State was abolished, not being foreseen in the Constitution of 1911.
The Council of State was reestablished by the Constitution of 1933. It was again not foreseen by the Constitution of 1976. However, it was reestablished in 1984, following the revision of the Constitution of 1982.

## Role

Besides summoning and advising the President whenever asked to do so by him/her, according to the Constitution the Council must be summoned by the President before:
* dissolving the Assembly of the Republic and the Legislative Assemblies of the autonomous regions;
* declaring war and making peace, and
* removing the Government.
It must also be summoned by the acting President before:
* setting the date for any election;
* calling an extraordinary sitting of the Parliament;
* appointing the Prime Minister;
* appointing and discharging, upon a proposal from the Govt., the President of the Court of Auditors, the Attorney General and the Chief of the General Staff of the Armed Forces (CGSAF);
* appointing and discharging, upon a proposal from the Govt. and after consulting the CGSAF, an eventual Deputy Chief of the General Staff of the Armed Forces and the Chiefs of Staff of the three armed services;
* exercising the functions of Commander-in-Chief of the Armed Forces;
* appointing ambassadors and extraordinary envoys (upon a proposal from the Govt.), and
* accrediting foreign diplomatic representatives.

## Counsellor of State
### Membership

According to article 142 of the Constitution, the Council is composed of the following members, known as Counsellors of State:
* Ex officio members, who remain in office for as long as they hold office:
** President of the Portuguese Republic (chair the Council)
** President of the Assembly of the Republic
** Prime Minister
** President of the Constitutional Court
** Ombudsman
** President of the Azores Regional Government
** President of the Madeira Regional Government
** Former elected Presidents of the Republic
* Five members designated by the President of the Republic, whose office ends with the term of office of the President of the Republic that appointed them.
* Five members elected by the Assembly of the Republic, whose membership expires at the end of the legislature.

### Taking Office and Term Limits

The members of the Council of State are sworn in by the President of the Republic.
Members of the Council of State designated by the President and the Assembly of the Republic remain in office until the members who replace them in their respective positions take office.

### Immunity

Councillors of State enjoy immunity as a sign of the highest honour of the office they hold. Thus, a Councillor of State may only be brought before a court with the prior authorisation of the Council, which waives his immunity. Unlike the immunity of the Members of the Assembly of the Republic, which must be waived when the crime in question is punishable by a sentence of more than 3 years imprisonment, the decision of the Council of State regarding the waiver of immunity of one of its members is free. In case of refusal the suspected member only answers in Court when he ceases to be a Councillor of State.

### Current Counsellors of State

| Office | Member |
| President of the Republic and chair of the Council | Marcelo Rebelo de Sousa |
| President of the Assembly of the Republic | José Pedro Aguiar-Branco |
| Prime Minister | Luís Montenegro |
| President of the Constitutional Court | José João Abrantes |
| Ombudsman | Maria Lúcia Amaral |
| President of the Regional Government of Madeira | Miguel Albuquerque |
| President of the Regional Government of Azores | José Manuel Bolieiro |
| Former elected Presidents of the Republic | António Ramalho Eanes |
| Former elected Presidents of the Republic | Aníbal Cavaco Silva |
| Designated by the President of the Republic | Luís Marques Mendes |
| Designated by the President of the Republic | António Lobo Xavier |
| Designated by the President of the Republic | Leonor Beleza |
| Designated by the President of the Republic | Lídia Jorge |
| Designated by the President of the Republic | Joana Carneiro |
| Elected by the Assembly of the Republic | Francisco Pinto Balsemão |
| Elected by the Assembly of the Republic | Carlos César |
| Elected by the Assembly of the Republic | Carlos Moedas |
| Elected by the Assembly of the Republic | Pedro Nuno Santos |
| Elected by the Assembly of the Republic | André Ventura |

### Former Counsellors of State

| Office | Member |
| Former elected President | Mário Soares (1996–2017) |
| Former elected President | Jorge Sampaio (2006–2021) |
| Designated by President Rebelo de Sousa (2016-incumbent) | António Guterres (resigned Nov. 2016) |
| Designated by President Rebelo de Sousa (2016-incumbent) | Eduardo Lourenço (died 1 Dec. 2020) |
| Designated by President Rebelo de Sousa (2016-incumbent) | António Damásio (resigned Feb. 2024) |
| Designated by President Aníbal Cavaco Silva (2006-2016) | Leonor Beleza |
| Designated by President Aníbal Cavaco Silva (2006-2016) | João Lobo Antunes |
| Designated by President Aníbal Cavaco Silva (2006-2016) | António Bagão Félix |
| Designated by President Aníbal Cavaco Silva (2006-2016) | Vítor Bento |
| Designated by President Jorge Sampaio (1996-2006) | Carlos Carvalhas |
| Designated by President Jorge Sampaio (1996-2006) | Ernesto Melo Antunes (died 10 Aug 1999) |
| Designated by President Jorge Sampaio (1996-2006) | João Cravinho (2000-2006) |
| Designated by President Jorge Sampaio (1996-2006) | José Galvão Teles |
| Designated by President Jorge Sampaio (1996-2006) | Maria de Jesus Serra Lopes |
| Designated by President Jorge Sampaio (1996-2006) | Vítor Constâncio |
| Elected by Parliament in 2010 | António de Almeida Santos |
| Elected by Parliament in 2010 | Francisco Pinto Balsemão |
| Elected by Parliament in 2010 | Manuel Alegre |
| Elected by Parliament in 2010 | António Capucho |
| Elected by Parliament in 2010 | José Gomes Canotilho |
| Elected by Parliament in 2011 | Francisco Pinto Balsemão |
| Elected by Parliament in 2011 | António José Seguro (resigned Sep. 2014) |
| Elected by Parliament in 2011 | Alfredo Bruto da Costa (replaced Seguro) |
| Elected by Parliament in 2011 | Luís Marques Mendes |
| Elected by Parliament in 2011 | Manuel Alegre |
| Elected by Parliament in 2011 | Luís Filipe Menezes |
| Elected by Parliament in 2016 | Carlos César |
| Elected by Parliament in 2016 | Francisco Louçã |
| Elected by Parliament in 2016 | Domingos Abrantes |
| Elected by Parliament in 2016 | Francisco Pinto Balsemão |
| Elected by Parliament in 2016 | Adriano Moreira |
| Elected by Parliament in 2020 | Carlos César |
| Elected by Parliament in 2020 | Francisco Pinto Balsemão |
| Elected by Parliament in 2020 | Francisco Louçã |
| Elected by Parliament in 2020 | Rui Rio |
| Elected by Parliament in 2020 | Domingos Abrantes |
| Elected by Parliament in 2022 | Carlos César |
| Elected by Parliament in 2022 | António Sampaio da Nóvoa |
| Elected by Parliament in 2022 | Manuel Alegre |
| Elected by Parliament in 2022 | Francisco Pinto Balsemão |
| Elected by Parliament in 2022 | Miguel Cadilhe |