Portugal’s Constitution of 1976 with Amendments through 2005

Judicial Independence

 
Article 203. The courts shall be independent and subject only to the law.
 

Judicial Council or Parallel Institution

 
Article 217. 1.The appointment, assignment, transfer and promotion of judges of the courts of law and the exercise of discipline over them shall be the responsibility of the Supreme Judicial Council, as laid down by law.2.The appointment, assignment, transfer and promotion of judges of the administrative and tax courts and the exercise of discipline over them shall be the responsibility of the respective Supreme Council, as laid down by law. 3.Subject to the guarantees provided for by this Constitution, the law shall define the rules governing the assignment, transfer and promotion of judges of the remaining courts and the exercise of discipline over them and shall determine the responsibility to do so.
 
Article 218. 1. The Supreme Judicial Council shall be chaired by the President of the Supreme Court of Justice and shall also be composed of the following members: a. Two to be appointed by the President of the Republic; b. Seven to be elected by the Assembly of the Republic; c. Seven judges to be elected by their peers in accordance with the principle of proportional representation. 2. The rules governing guarantees enjoyed by judges shall apply to all the members of the Supreme Judicial Council. 3. The law may provide for court officials to be members of the Supreme Judicial Council, in which case they shall be elected thereto by their peers. Such members shall only participate in the discussion and voting on matters concerning the assessment of the professional merit of, and the exercise of discipline over, court officials.

Attorney General’s Office

Article 220. 1. The Attorney General’s Office shall be the senior body of the Public Prosecutor’s Office and shall possess the composition and responsibilities laid down by law. 2. The Attorney General’s Office shall be presided over by the Attorney General and shall contain the Supreme Council of the Public Prosecutors’ Office, which shall include members elected by the Assembly of the Republic and members whom the public prosecutors shall elect from among their number. 3. Without prejudice to the provisions of Article 133m, the Attorney General’s term of office shall be six years.