Law No. 2/08 of 17 June — Organic Law of the Constitutional Court

Article 1 (Subject Matter)#

This Law establishes and regulates the organisation, jurisdiction, composition and functioning of the Constitutional Court and the status of its Judges.

Article 2 (Definition of the Court)#

The Constitutional Court is the supreme body of constitutional jurisdiction, with general responsibility for administering justice in matters of constitutional law.

Article 3 (Jurisdiction)#

The Constitutional Court exercises its jurisdiction throughout the national territory.

Article 4 (Seat)#

The Constitutional Court has its seat in Luanda.

Article 5 (Form of its Decisions)#

1. Decisions of the Constitutional Court shall take the form of a judgment, in accordance with the Code of Civil Procedure, the provisions of this Law and of the Organic Law of Constitutional Procedure, and with such further rules as may be laid down in the internal regulation of the Court.
2. The operative part of judgments, in particular of those assessing the unconstitutionality of any provision, shall always be preceded by the grounds for the decision.

Article 6 (Nature of Decisions)#

Decisions of the Constitutional Court are binding on all public or private entities and prevail over those of the other courts and of any authorities, including the Supreme Court.

Article 7 (Publication of its Decisions)#

Judgments of the Court declaring the unconstitutionality of legal provisions or unconstitutional omissions must be published in Series I of the Official Gazette (Diário da República), without prejudice to the provisions of this Law on the publication of the other decisions of the Court.

Article 8 (Representation of the Public Prosecution Service)#

The Public Prosecution Service is represented before the Constitutional Court by the Attorney General of the Republic, who may delegate his or her functions to a Deputy Attorney General.

Article 9 (Duty of Cooperation of Other Courts and Authorities)#

In the exercise of its functions, the Constitutional Court is entitled to the assistance of the other courts and of other authorities.

Article 10 (Administrative, Financial and Property Autonomy)#

The Constitutional Court has administrative, financial and property autonomy and has its own budget, entered in the General State Budget.

Article 11 (Composition and Nomination of Judges)#

The Constitutional Court is composed of seven judges, nominated from among jurists and magistrates, as follows:

(a) three judges nominated by the President of the Republic, including the President of the Court;

(b) three judges elected by the National Assembly by a two-thirds majority of the Members of the National Assembly in office;

(c) one judge elected by the Plenary of the Supreme Court.

Article 12 (Requirements for Judges)#

The following are requirements for the appointment or election of judges of the Constitutional Court:

(a) to be an Angolan citizen aged not less than 35 years;

(b) to have held a legally recognised law degree for at least 15 years;

(c) to be of good moral character;

(d) to be in full enjoyment of civil and political rights;

(e) not to have been convicted of an intentional crime punishable by long-term imprisonment.

Article 13 (Taking Office)#

Judges of the Constitutional Court shall take office before the President of the Republic.

Article 14 (Oath of Judges)#

Upon taking office, the judges shall take the following oath: “I swear on my honour to comply with and ensure compliance with the Constitutional Law and the laws of the Republic of Angola and to perform with all dedication and responsibility the functions with which I am invested”.

Article 15 (Term of Office of Judges)#

Judges of the Constitutional Court are appointed for a non-renewable term of office of seven years.

Article 16 (Jurisdiction of the Court)#

The Constitutional Court has general responsibility for administering justice in matters of constitutional law, and in particular:

(a) to assess the unconstitutionality of laws, decree-laws, decrees, resolutions, ratified international treaties and any other provisions, as provided for in Article 155 of the Constitutional Law;

(b) to carry out prior review of unconstitutionality, in the cases and on the terms provided for in Article 154 of the Constitutional Law;

(c) to verify and assess failure to comply with the provisions of the Constitution through the omission of the measures necessary to give effect to constitutional provisions, as provided for in Article 156 of the Constitutional Law;

(d) to review on appeal the constitutionality of all decisions of the other courts, including those refusing to apply any provision on the grounds of its unconstitutionality and those applying a provision whose unconstitutionality has been raised;

(e) to assess, at last instance, the regularity and validity of legislative and presidential elections, deciding appeals lodged against any irregularities in the voting or in the counting of votes, as provided for in the Electoral Law;

(f) to verify in advance the constitutionality of local and national referendums;

(g) to decide at last instance, at the request of the Member of the National Assembly concerned and in accordance with the law, appeals concerning the loss, replacement, suspension and renunciation of a mandate in the National Assembly;

(h) to verify the lawfulness of the formation of political parties and coalitions of parties, and to declare their dissolution under the Political Parties Law;

(i) to decide actions challenging elections and resolutions of organs of political parties which are open to appeal under the law;

(j) to decide conflicts of competence between organs of sovereignty;

(k) to verify and declare the eligibility of candidates for President of the Republic and for Member of the National Assembly;

(l) to decide at last instance appeals lodged against acts of electoral registration, under the relevant law;

(m) to assess constitutional appeals lodged against judicial decisions and other acts of the State that violate principles, rights, freedoms and guarantees of citizens provided for in the Constitutional Law;

(n) to issue opinions on matters of constitutional law requested by the President of the Republic, the National Assembly or the Council of Ministers;

(o) to verify in advance compliance with the limits and procedures for constitutional revision laid down in Articles 158, 159 and 160 of the Constitutional Law;

(p) to perform such other functions as are conferred on it by the Constitutional Law and by law.

Article 17 (Prior Review of Constitutionality)#

The President of the Republic or one fifth of the Members of the National Assembly in office may request the Constitutional Court to carry out a prior review of the constitutionality of any provision subject to promulgation, signature and ratification by the President of the Republic, in particular provisions contained in a law, decree-law, decree or international treaty.

Article 18 (Subsequent Review of Constitutionality)#

The President of the Republic, one fifth of the Members of the National Assembly in office, the Prime Minister and the Attorney General of the Republic may request the Constitutional Court to review the constitutionality of any provisions.

Article 19 (Review of Unconstitutionality by Omission)#

The President of the Republic, one fifth of the Members of the National Assembly in office and the Attorney General of the Republic may request the Constitutional Court to declare unconstitutionality by omission.

Article 20 (Advisory Jurisdiction)#

The President of the Republic, the National Assembly and the Council of Ministers may, by means of a reasoned petition, request the Constitutional Court to give a ruling on a specific question of constitutional law or on the interpretation of provisions of the Constitutional Law.

Article 21 (Review of the Constitutionality of Judicial Decisions)#

1. The Constitutional Court has jurisdiction to review, on appeal, the constitutionality of all decisions of the other courts that refuse to apply any provision on the grounds of its unconstitutionality.
2. The Constitutional Court likewise has jurisdiction to review, on appeal, the constitutionality of all decisions of the other courts that apply a provision whose constitutionality has been raised during the proceedings.
3. The appeal provided for in paragraphs 1 and 2 of this Article shall be optional for the parties and mandatory for the Public Prosecution Service.
4. The Constitutional Court also has jurisdiction to hear constitutional appeals lodged against decisions of the other courts that infringe principles, rights, freedoms and guarantees provided for in the Constitutional Law.

Article 22 (Assessment of the Regularity of Electoral Registration Acts)#

The Constitutional Court has jurisdiction to assess, by way of appeal against decisions of the registration bodies for the Electoral Process, the regularity of acts of electoral registration against which a timely complaint has been made to those bodies in the context of monitoring by Political Parties, under Article 61 of the Regulation of the Electoral Registration Law.

Article 23 (Review of Omissions, Incorrect Entries or Other Irregularities in the Electoral Registers)#

The Constitutional Court has jurisdiction to hear appeals against decisions of the body responsible for administering the electoral registration process given on complaints against any decision of the registration bodies during the period of public display of the electoral registers, concerning any omissions, incorrect entries or other irregularities contained in them, under Article 49 of the Electoral Registration Law and Article 41(2) of the Regulation of the Electoral Registration Law.

Article 24 (Presidential Candidacies)#

1. Candidacies for presidential elections shall be submitted to the President of the Supreme Court, who shall forward them for decision to the President of the Constitutional Court, under paragraph 2 of Article [ ] of the Constitutional Law and Article 48(2) of the Electoral Law.
2. Candidacies shall be submitted after the elections referred to in the preceding paragraph have been called.
3. Candidacies for presidential elections must be submitted no later than 60 days before the date set for the elections.

Article 25 (Candidacies for Members of the National Assembly)#

1. Candidacies for legislative elections shall be submitted to the President of the Constitutional Court, under paragraph 1 of Article [ ] of the Electoral Law.
2. Candidacies shall be submitted after the elections referred to in the preceding paragraph have been called.
3. Candidacies for legislative elections must be submitted no later than 60 days before the date set for the elections.

Article 26 (Assessment of the Regularity of Electoral Acts)#

The Constitutional Court has jurisdiction to assess, at last instance, the regularity and validity of elections, under Article 7 of the Electoral Law.

1. Any irregularities occurring during the voting or in the partial or national counting of the results of the ballot may be challenged by means of a judicial appeal, provided that a complaint was made in the course of the acts in which they occurred and that they were the subject of an appeal to the National Electoral Commission.
2. Interested parties may lodge an appeal with the Constitutional Court:

(a) against decisions given by the National Electoral Commission on the complaints referred to in paragraph 2;

(b) against decisions given by the National Electoral Commission on complaints concerning the national count of the ballot.

Article 27 (Accreditation of Founding Committees of Political Parties)#

The Constitutional Court, acting through its President and, on appeal, through the Plenary, has jurisdiction to accredit the founding committees of Political Parties with a view to organising the party for registration purposes, at the request of the interested parties, under Law No. 2/05 of 1 July, the Political Parties Law.

Article 28 (Formation of Political Parties)#

The Constitutional Court, acting through its President and, on appeal, through the Plenary, has jurisdiction to order or refuse the entry and registration of Political Parties under Articles 12, 14 and 15 of Law No. 2/05 of 1 July, the Political Parties Law.

Article 29 (Review of the Lawfulness of Coalitions of Political Parties)#

The Constitutional Court has jurisdiction to assess the lawfulness of Coalition Agreements for electoral purposes and, in particular, of the names, acronyms and symbols adopted, as well as their identity with or similarity to those of other parties or coalitions, under Articles 46 and 47 of the Electoral Law.

Article 30 (Internal Disputes of Political Parties and Coalitions)#

The Constitutional Court has jurisdiction to hear and decide internal disputes of Political Parties and Coalitions of Political Parties, provided that they arise from the application of their statutes or agreements, under Article 28(2) of Law No. 2/05 of 1 July and subparagraph (i) of Article 15 of the same law.

Article 31 (Dissolution of Political Parties)#

The Constitutional Court has jurisdiction to order the dissolution of Political Parties and of Coalitions of Political Parties in the situations provided for in subparagraphs (a) to (i) of Article 33(4) of Law No. 2/05 of 1 July.

Article 32 (Loss, Replacement, Suspension and Renunciation of Mandate)#

The Constitutional Court has jurisdiction, under subparagraph (g) of Article 16 and under the Rules of Procedure of the National Assembly, to decide, at the request of Members of the National Assembly, appeals concerning the loss, replacement, suspension and renunciation of a mandate in the National Assembly.

Article 33 (Independence of Judges)#

Judges of the Constitutional Court enjoy the guarantees of independence and impartiality established by law for Judges of the Supreme Court.

Article 34 (Irremovability)#

Judges of the Constitutional Court enjoy, during their term of office, the guarantees of irremovability established by law for Judges of the Supreme Court, and their functions may not cease except in the cases provided for in this Law.

Article 35 (Non-liability of Judges)#

Judges of the Constitutional Court enjoy the guarantees of non-liability provided for by law for Judges of the Supreme Court in respect of decisions given in the exercise of their functions.

Article 36 (Incompatibilities)#

1. The office of Judge of the Constitutional Court is incompatible with the exercise of functions in organs of sovereignty or of local government, and with the exercise of any other office or function of a public nature, except teaching or legal research.
2. Judges of the Constitutional Court may neither maintain membership of, nor perform any functions in the organs of, parties, political associations or foundations connected with them, nor engage in party-political activities.
3. The office of Judge of the Constitutional Court is likewise incompatible with the performance of functions of a private nature involving any employment relationship with, or subordination to, third parties.

Article 37 (Impediments and Recusal)#

Judges of the Constitutional Court are subject to the rules on recusal and impediments laid down by law for Judges of the Supreme Court.

Article 38 (Immunities)#

1. Judges of the Constitutional Court enjoy the immunities enshrined in the Constitutional Law and, in criminal matters, are subject to the forum established by law for Judges of the Supreme Court.
2. Judges of the Constitutional Court may be arrested only after formal charges have been brought, where the offence is punishable by long-term imprisonment.
3. Where criminal proceedings are brought against any Judge of the Constitutional Court, the continuation of the proceedings shall depend on authorisation by the President of the Republic, following a prior opinion of the Plenary of the Constitutional Court.
4. Where charges are brought against a Judge of the Constitutional Court by means of a committal order or an equivalent order, the Plenary of the Court shall decide whether or not the Judge is to be suspended from office, suspension being mandatory in the case of an intentional crime punishable by long-term imprisonment.
5. In the event of the arrest of a Judge of the Constitutional Court, the detainee shall be brought before the Attorney General of the Republic within a maximum of 24 hours for the purpose of validating the detention, which shall be immediately notified to the President of the Constitutional Court and to the President of the Republic.

Article 39 (Disciplinary Liability)#

1. The Constitutional Court has exclusive competence to exercise disciplinary power over its Judges, and it is in particular responsible for instituting disciplinary proceedings, appointing the investigating officer from among its members, deciding on any preventive suspension and giving final judgment.

2. Decisions of the Constitutional Court in disciplinary matters may be appealed to the Plenary of the Court.

3. Save as provided in the preceding paragraphs, the disciplinary regime established by law for Judges of the Supreme Court shall apply to Judges of the Constitutional Court, with the necessary adaptations.

Article 40 (Commencement and Termination of Functions)#

1. Judges of the Constitutional Court begin their term of office after being installed in office.
2. The functions of Judges of the Constitutional Court cease at the end of their term of office and after the Judges replacing them have taken office.
3. Before the end of their term of office, the functions of Judges of the Constitutional Court may cease only where any of the following situations occurs:

(a) death or permanent physical incapacity;

(b) resignation;

(c) acceptance of an office legally incompatible with the exercise of their functions;

(d) dismissal or compulsory retirement as a result of disciplinary or criminal proceedings.

1. Resignation shall be declared in writing to the President of the Court and to the appointing body, and shall not depend on acceptance.
2. The Court is responsible for verifying the occurrence of any of the situations provided for in subparagraphs (a), (c) and (d) of paragraph 3, permanent physical incapacity having first to be certified by a medical board appointed by the Court.
3. Termination of functions by virtue of paragraph 3 shall be the subject of a declaration by the President of the Court, who shall order its publication in Series [ ] of the Official Gazette (Diário da República).
4. Judges of the Constitutional Court may apply for voluntary retirement in respect of that office, without having to appear before a medical board, where the applicant has held the office of Judge of the Constitutional Court until the end of the respective term of office and is over 65 years of age.

Article 41 (Duties of Judges)#

Judges of the Constitutional Court have the general and special duties laid down by law for Judges of the Supreme Court, and in particular:

(a) to maintain professional secrecy;

(b) not to make public statements of a political nature outside the scope of the powers of the Court;

(c) to conduct themselves in public and private life in keeping with the dignity and prestige of the office they hold;

(d) to hear and decide the matters for which they are responsible within the time limits established by law and to attend punctually the hearings and procedural steps scheduled;

(e) to perform their functions with honesty, integrity, responsibility and impartiality, treating all participants in the proceedings with courtesy and respect.

Article 42 (Professional Dress)#

On terms to be defined by the internal regulation of the Court, Judges of the Constitutional Court, in the exercise of their functions and at ceremonies in which they are required to take part, shall wear professional dress consisting of a gown and the insignia of the Court, in a design to be defined by the Court itself.

Article 43 (Rights and Privileges of Judges)#

Without prejudice to the rights and other privileges provided for in the Statute of Judicial Magistrates and of the Public Prosecution Service and in the Organic Law on the Remuneration Statute of Judicial Magistrates and of the Public Prosecution Service, Judges of the Constitutional Court shall also have such rights as are to be established in specific legislation.

Article 44 (Organs of the Court)#

1. The organs of the Constitutional Court are:

(a) the Plenary;

(b) the President;

(c) the Chambers.

1. The jurisdiction and number of the Chambers of the Constitutional Court shall be laid down in the relevant regulation.

Article 45 (Functioning)#

1. The Constitutional Court sits in sessions of the Plenary of Judges and in sessions of the Judges of a Chamber.
2. The Plenary consists of all the Judges of the Court.

Article 46 (Sessions)#

1. Sessions of the Plenary and of the Chambers shall take place according to the agenda, and the date and time of hearings shall be set out in a schedule fixed in advance.
2. The Constitutional Court shall meet in ordinary session at intervals to be defined in the internal regulation, and in extraordinary session whenever convened by the President, on his or her own initiative or at the request of at least two of its Judges.

Article 47 (Quorum and Decisions)#

1. The Constitutional Court, in Plenary or in Chamber, may sit only when a majority of its respective members in office is present, including the
2. Decisions are taken by a plurality of votes of the members
3. Each Judge has one vote and the President, or whoever substitutes for him or her, has a casting vote.
4. Judges of the Constitutional Court have the right to have a dissenting vote recorded.

Article 48 (Internal Powers of the Court)#

Without prejudice to the provisions of this Law and of the Organic Law of Constitutional Procedure, the Constitutional Court has power to define the rules and procedures for its organisation and functioning, and in particular:

(a) to draw up the internal regulations necessary for its proper functioning;

(b) to approve the proposed annual budget of the Court;

(c) to fix, at the beginning of each judicial year, the days and times at which ordinary sessions are held;

(d) to define the staff establishment of its judicial registry and administrative support services.

Article 49 (Powers of the President of the Court)#

The President of the Constitutional Court has the power:

(a) to represent the Court and to ensure its relations with the other organs of sovereignty and with other public bodies and authorities;

(b) to admit candidacies and declarations of withdrawal of candidates for President of the Republic;

(c) to admit and decide applications for the accreditation of founding committees of Political Parties;

(d) to admit applications for the entry and registration of Political Parties;

(e) to preside over the sessions of the Court, to direct its proceedings and to determine the result of votes;

(f) to appoint a Judge of the Court in the event of personal impediment or justified absence;

(g) to determine the result of votes;

(h) to convene extraordinary sessions;

(i) to preside over the allocation of cases, to sign official correspondence and to order the issue of certificates;

(j) to order the preparation and posting of the list of appeals and other cases ready for judgment at each session, giving priority to those referred to in Article 32(3) and (4) and also to those in which personal rights, freedoms and guarantees are at issue;

(k) to authorise expenditure on the terms and conditions set out in this Law;

(l) to exercise the other powers provided for by law.

Article 50 (Vacations)#

1. The general rules on judicial vacations apply to the Constitutional Court in respect of proceedings for concrete review of constitutionality and appeals against judicial decisions.
2. In respect of all other proceedings, there are no judicial vacations.
3. In appeals lodged against judicial decisions given in criminal matters in which any of the interested parties is detained or imprisoned without a final conviction, the procedural time limits provided for by law shall run during judicial vacations, save as provided in the following paragraph.
4. The procedural time limits provided for by law may also run during judicial vacations, by decision of the rapporteur at the request of any of the interested parties to the appeal, in the case of a constitutional appeal lodged against a decision given in proceedings classified as urgent by the relevant procedural law.
5. Judges shall take their holidays throughout the year, according to the calendar approved by the Plenary, and the permanent existence of the quorum required for the functioning of the Plenary and of each of the sections of the Court shall be ensured.
6. There are no vacations in the registry

Article 51 (Registry and Support Services)#

1. The Constitutional Court has a Registry and Support Services, whose organisation, composition and functioning are laid down by the internal regulation of the Court.
2. The Judicial Registry is headed by a judicial registrar, answerable to the President of the Court.
3. The administrative support services are coordinated by an administrative secretary, answerable to the President of the Court.
4. The registry staff have the rights and privileges, and are subject to the duties and incompatibilities, of the staff of the Registry of the Supreme Court.
5. The appointment of the staff of the Registry and Support Services of the Constitutional Court is the responsibility of the President of the Court.

Article 52 (Support Offices of the President and of the Judges)#

1. The President and the Judges of the Constitutional Court have technical and administrative support offices composed of advisers and their own administrative staff, on terms to be defined in the internal regulation.
2. Members of the offices are appointed and dismissed by the President of the Constitutional Court, on the proposal of the Judge concerned, with exemption from prior clearance by the Court of Auditors.
3. The President of the Constitutional Court may also appoint specialists and staff to assist the offices or to carry out tasks of an occasional or extraordinary nature, by order specifying, in particular, the duration of the assignment and the corresponding remuneration.

Article 53 (Budget)#

1. The [ ] approves its draft budget and submits it to the Government within the time limits set for the preparation of the General State Budget Bill to be submitted to the National Assembly, and shall also provide such information on the matter as the latter may request.
2. The Court approves the budget of its own revenue, provided for in the following Article, and of the corresponding expenditure, entered under the revenue-offset regime.

Article 54 (Own Revenue)#

1. In addition to appropriations from the General State Budget, the own revenue of the Constitutional Court consists of the proceeds of costs and fines, the proceeds of the sale of publications issued by it or of services provided by its documentation support unit, and any other revenue allocated to it by law, contract or other title.
2. The proceeds of the own revenue referred to in the preceding paragraph may be applied to current and capital expenditure which, in any year, cannot be met from the funds entered in the General State Budget, to expenditure arising from the issue of publications or the provision of services by the documentation support unit, and also to expenditure arising from the carrying out of studies, analyses and other extraordinary work.

Article 55 (Financial Management)#

1. With regard to the execution of its budget, the Constitutional Court has the ordinary ministerial powers in matters of financial administration, in particular those provided for in the Budget Execution Law.
2. The President of the Court is responsible for authorising expenditure up to the limits established in the Budget Execution Law, and may delegate this power, in respect of certain expenditure and within the limits set in the corresponding order, to the administrative secretary of the
3. Expenditure which, by reason of its nature or amount, exceeds the powers referred to in the preceding paragraph, and also expenditure which the President decides to submit to it, shall be authorised by the Plenary of the Court.

Article 56 (Establishment Expenses)#

For as long as the transitional period of establishment of the Constitutional Court lasts, the Ministry of Finance shall provide the institution with a sufficient budget, to be proposed by the Court, to cover its operating expenses until the global appropriation allocated to it in the General State Budget.

Article 57 (Concluded Constitutional Cases)#

All concluded cases held at the Supreme Court in which that Court exercised the jurisdiction of the Constitutional Court shall be transferred to the Registry of this Court, in the manner and within the time limits to be established jointly by the Presidents of the Supreme Court and of the Constitutional Court.

Article 58 (Pending Cases)#

All cases in the field of constitutional law pending before the Supreme Court on the date of entry into force of this Law shall be transferred to the Registry of this Court, in the manner and within the time limits to be established jointly by the Presidents of the Supreme Court and of the Constitutional Court.

Article 59 (Doubts or Omissions)#

Any doubts and omissions arising in the interpretation and application of this Law shall be resolved by the National Assembly.

Article 60 (Entry into Force)#

This Law shall enter into force on the date of its publication.

Seen and approved by the National Assembly, in Luanda, on 10 June 2008.

The Acting President of the National Assembly. João Manuel Gonçalves Lourenço.

Promulgated on 16 June 2008. Let it be published.

The President of the Republic, JOSÉ EDUARDO DOS SANTOS.