Law No. 25/10 of 3 December — Law Amending Law No. 3/08

Article 1#

Law No. 3/08 of 17 June — Organic Constitutional Procedure Law shall henceforth be called the Constitutional Procedure Law.

Article 2#

Article 12 (Withdrawal of the application) shall read as follows:

Withdrawal of the application shall not be admissible in subsequent abstract review proceedings in which the unconstitutionality of a legal norm is raised.

Article 3#

Article 18 (Extension of time limits) shall read as follows:

The President of the Court may extend the time limits relating to abstract review, whether prior or subsequent, provided for in this Chapter, without prejudice to compliance with the time limit laid down in Article 228(4) of the Constitution in respect of prior review proceedings.

Article 4#

Article 20(1) (Scope) shall read as follows:

1. Under the terms of Article 228(1) of the Constitution, prior review of the constitutionality of any norm contained in a legal instrument submitted for promulgation, in a treaty or international convention submitted for ratification or in an international agreement sent for signature may be requested.

Article 5#

Article 21 (Standing) shall read as follows:

Under the terms of Article 228 of the Constitution, the following entities shall have standing to request the Constitutional Court to carry out prior review of any norms:

(a) the President of the Republic;

(b) 1/10 of the Members of the National Assembly.

Article 6#

In Article 22(3) (Timing of the application), the expression ‘Article 154(2) of the Constitutional Law’ is replaced by ‘Article 229(1) of the Constitution’.

Article 7#

In Article 26(1) (Scope of subsequent review), the expression ‘by Article 155(1) of the Constitutional Law’ is replaced by ‘by Article 230 of the Constitution’.

Article 8#

Article 27 (Standing) shall read as follows:

Under the terms of Article 230(2) of the Constitution, the following entities shall have standing to request the Constitutional Court to carry out subsequent abstract review of the constitutionality of any norms:

(a) the President of the Republic;

(b) 1/10 of the Members of the National Assembly in office;

(c) the Parliamentary Groups;

(d) the Attorney General of the Republic;

(e) the Ombudsman;

(f) the Angolan Bar Association.

Article 9#

In Article 28 (Time limit for filing the application), the expression ‘in Article 155(1) of the Constitutional Law’ is replaced by ‘in Articles 230 and 231 of the Constitution’.

Article 10#

In Article 29 (Procedure and time limits):

(a) in paragraph 4, the time limit of 15 days becomes ‘up to 45 days’.

(b) in paragraphs 5 and 7, the word ‘memorandum’ is replaced by ‘draft judgment’;

(c) in paragraph 8, the time limit of 10 days becomes ‘up to 60 days’.

Article 11#

In Article 30(2) (Effects of the decision), the expression ‘of Article 155 of the Constitutional Law’ is replaced by ‘of Article 231 of the Constitution’.

Article 12#

In Article 31 (Scope of review of unconstitutionality by omission), the expression ‘of failure to comply with the Constitutional Law’ is replaced by ‘of failure to comply with the Constitution’ and the expression ‘in subparagraph (c) of Article 134 of the Constitutional Law’ is replaced by ‘in Article 233 of the Constitution’.

Article 13#

In Article 49 (Scope of the appeal), a sole paragraph is inserted, worded as follows:

The extraordinary appeal on grounds of unconstitutionality dealt with in this Section may be lodged only after prior exhaustion, in the ordinary courts and other courts, of the ordinary remedies provided for by law.

Article 14#

Article 54 (Standing to submit candidacies) shall read as follows:

Under the terms of Articles 11 and 146, both of the Constitution, political parties, either individually or in coalition, shall have standing to submit candidacies in general elections.

Article 15#

In Article 60 (Subject-matter scope), the expression ‘Constitutional Law’ used in paragraphs 1 and 2 thereof is replaced by ‘Constitution’.

Article 16#

In Article 69 (Standing), the reference in paragraph 1 thereof to ‘Council of Ministers’ and in paragraph 2 thereof to ‘of the Government’ is deleted.

Article 17#

The full text of Law No. 3/08 of 17 June, incorporating the amendments made by this Law, is published as an annex to this Law.

Article 18#

Doubts and omissions arising from the interpretation and application of this Law shall be resolved by the National Assembly.

Article 19#

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

Seen and approved by the National Assembly, in Luanda, on 5 November 2010. The President of the National Assembly, António Paulo Kassoma.

1 The annex referred to in the Article was not published in the official publication.

Promulgated on 22 November 2010. Let it be published.