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CONSTITUTIONAL COURTREPUBLIC OF ANGOLA
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Abstract subsequent review

Judgment No. 845/2023

Unconstitutionality declared
Date
3 October 2023
Case
1090-B/2023
Formation
Plenary
Rapporteur
Carlos Manuel dos Santos Teixeira

Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.

SummaryUnofficial

The Angolan Bar Association (OAA) applied for a declaration of unconstitutionality with generally binding force of Presidential Decree No. 69/21, which grants justice administration bodies a share of the assets they recover. The Court declared the decree organically and formally unconstitutional for breaching the National Assembly's absolute reserve of legislative competence (Article 164 of the Constitution), and Articles 3 to 5 materially unconstitutional for undermining independence and impartiality, while preserving the effects already produced.

Decision

Unconstitutionality declared

Type of proceedings

Abstract subsequent review (Processo de Fiscalização Abstracta Sucessiva)

Full text

The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.