Cape Verde 1980 Constitution (reviewed 1992) - Page 6 of 8

Table of Contents

PART V. ORGANIZATION OF POLITICAL POWER

TITLE I. GENERAL AND COMMON PRINCIPLES

Article 129. Creation of National Sovereign Bodies

National entities embodying sovereignty shall only be those classified as such by the Constitution.
Political parties and coalitions of parties shall participate, in accordance with their electoral representation, in national bodies elected by universal direct suffrage.
The formation, composition, and authority of national bodies shall be defined under the provisions of the Constitution.

Article 130. Principle of Separation and Interdependence of Powers

The basic organizing principles of national bodies shall be the separation and interdependence of powers.
National bodies in their reciprocal relations and in the exercise of their duties, must respect the separation and interdependence of powers under conditions provided in the Constitution.

Article 131. Enumeration of National Bodies

The following are national bodies:

The President of the Republic;
The National Assembly;
The Government;
The Courts.

Article 132. Publication of Meetings

Meetings of the National Assembly, Municipal Assemblies, and other political bodies which function in assembly shall be public and may be broadcast directly on radio and television except in cases expressly provided in law.
Actions taken in the meetings of the above-referenced bodies shall be public.

Article 133. Quorum and Relative Majority

Public bodies may function and deliberate only when a majority of their legal membership is present.
Decisions of public bodies shall be made by plurality of votes except in cases in which the Constitution, the law, or respective by-laws require a majority.
In obtaining a majority, absences, abstentions, and blank votes shall not be counted.

Article 134. Principles of Renewal

Office holders in national elective bodies, local offices, and other elected political bodies may not be designated for life.

Article 135. Responsibilities of Office Holders

Political office holders shall bear political, civil, and criminal responsibility for acts and omissions done in the exercise of their duties and because of their duties, as provided by law.
Crimes committed by office holders shall be defined by law which will establish applicable sanctions, which must always include loss of office or seat and prohibition from holding political office for a period of not less than ten years.
Office holders sanctioned for serious illegality by loss of office or seat shall be prohibited from holding political office for a period of not less than five years.

Article 136. Rights, Privileges and Immunities

Office holders shall enjoy the rights, liberties, privileges, and immunities and shall be subject to the duties established by the Constitution and by law.
The Constitution and the law shall define responsibilities and incompatibilities of office holders.

TITLE II. THE PRESIDENT OF THE REPUBLIC

CHAPTER I. DEFINITION, TERM AND POWER

Article 137. Definition

The President of the Republic shall guarantee the unity of the Nation and the State, the integrity of the territory, and national independence, and he shall guarantee the execution of the Constitution and of International Treaties.
The President of the Republic shall represent the Republic of Cape Verde internally and abroad and shall be the Supreme Commander in Chief of the Armed Forces.

Article 138. Term of Office

The President of the Republic shall be elected for a period of five years, which shall begin with taking office and shall end with the newly-elected President.
In case of vacancy in the office, the new President shall begin a new term.

Article 139. Oath of Office

The President of the Republic shall take office before the National Assembly on the last day of the term of his predecessor or, in case of election to fill a vacancy in the office, on the fifth day following the publication of the electoral results.
On taking office, the President of the Republic shall take the following oath:”I swear on my honor to faithfully fulfill the office of President of the Republic of Cape Verde in which I am installed, to defend, fulfill, and enforce the Constitution, to observe the laws, and to guarantee territorial integrity and national independence.”

Article 140. Resignation from Office

The President of the Republic may resign his office by a message sent to the Nation through the National Assembly, convened in a Plenary Session, and later published in the Official Journal of the Republic.
The resignation shall take effect as soon as the Nation has been informed by message.

CHAPTER II. STATUS

Article 141. Incompatibilities

The President of the Republic may not exercise any other political function or public office, except in cases specifically provided in the Constitution, and in no case may he occupy any private post.

Article 142. Absence from National Territory

The President of the Republic may not be absent from the national territory without the consent of the National Assembly, or if they are not in session, of the Permanent Commission.
In the case of trips which are not official and which are of less than two weeks’ duration, the consent referred to in the last paragraph shall be dispensed with; however, the President of the Republic must give prior notification to the National Assembly.
Failure to observe the provisions of (1) and (2) shall entail loss of office.

Article 143. Temporary Substitution

In the event of temporary disability, absence abroad, or vacancy in the office, until the installation of the newly-elected President, the President of the Republic shall be replaced temporarily by the President of the National Assembly or, if he is unable to serve, by the first Vice President.
While temporarily filling the office of President of the Republic, the legislative functions of the President of the National Assembly or the first Vice President shall be automatically suspended.

Article 144. Criminal Responsibility

For crimes committed in the exercise of his duties, the President of the Republic shall be responsible to the Supreme Court of Justice.
The National Assembly shall have the duty of requesting the Attorney General of the Republic to carry out criminal action against the President of the Republic, upon petition of twenty-five Deputies and with the approval of two-thirds of the Deputies currently in office.
The President of the Republic shall be suspended from his duties from the date of the indictment or equivalent, and conviction shall preclude the possibility of reelection.
For crimes committed outside the exercise of his duties, the President of the Republic shall be responsible to ordinary courts, after the end of his term.

Article 145. Preventive Detention

The President of the Republic may in no case be subjected to preventive detention.

Article 146. Re-eligibility

The President of the Republic may not be a candidate for a third term within five years immediately following the end of his second consecutive term.
If the President of the Republic resigns his office, he may not be a candidate for a new term for ten years following the date of resignation.
If the President of the Republic abandons his duties or is absent from the national territory in violation of the provisions of Article 142 (1) and (2), he may not be a candidate for the office nor occupy any other political office in national or local bodies.

CHAPTER III. AUTHORITY

Article 147. Jurisdiction of the President of the Republic

The President of the Republic shall have the following responsibilities:
1. To exercise the duties of Supreme Commander of the Armed Forces;
2. To preside over the Council of the Republic;
3. To preside over the Superior Council on National Defense;
4. To preside over the Superior Council of Honors;
5. To dissolve the National Assembly under the provisions of Article 155 (2) and meet with the political parties of the Assembly;
6. To direct messages to the National Assembly and the Nation;
7. To set the date for elections of the President of the Republic, and Deputies in the National Assembly, meeting with the Council of the Republic under the provisions of the electoral law;
8. To call referenda on the national level and set the date on which they are held;
9. To appoint the Prime Minister, after consulting political forces in the National Assembly and taking into account the election results;
10. To appoint two members of the Council of the Republic;
11. To appoint the President of the Supreme Court of Justice from among the judges of this Court, after consulting the Superior Council of Magistrates;
12. To appoint one judge to the Supreme Court of Justice;
13. To appoint two members of the Superior Council of Magistrates;
14. To pardon and commute punishments, after consulting the Government;
15. To request the President of the National Assembly, after consulting the Council of the Republic, to convene the Assembly in extraordinary session to deal with specific matters;
16. To ask the Supreme Court of Justice for prior review of the constitutionality or legality of questions for referenda at the national level;
17. To ask the Supreme Court of Justice for prior review of the constitutionality of International Treaties;
18. To ask the Supreme Court of Justice to review the constitutionality of judicial standards;
19. To exercise veto power within a period of thirty days from the receipt of a bill for promulgation;
The President of the Republic shall also have the following responsibilities:
1. To preside over the Council of Ministers at the request of the Prime Minister;
2. To promulgate and publish laws, legislative decrees, decree-laws, and regulatory decrees;
3. To dismiss the Government, under the provisions of Article 214 (2);
4. To appoint and dismiss members of the Government upon the nomination of the Prime Minister;
5. To appoint, upon the nomination of the Government, the President of the Court of Accounts;
6. To appoint, upon the nomination of the Government, the Attorney General of the Republic;
7. To appoint and dismiss, upon the nomination of the Government, the Commander of the Armed Forces and the Vice-Commander of the Armed Forces, when that office exists;
8. To declare martial law or a state of emergency after consulting the Government and with the authorization of the National Assembly.
The President of the Republic, when requesting an extraordinary session of the National Assembly, shall indicate clearly the specific matters to be considered and the period within which the session shall be called; the President of the National Assembly shall have the responsibility of convening the Assembly within the period indicated.
In the cases referred to in (2)(h), if the National Assembly is not in session and it is not possible to convene it immediately, the authorization may be given by its Permanent Commission, but this must be ratified by the Plenary Session at the first meeting after the date of authorization.

Article 148. Jurisdiction of the President of the Republic Regarding International Relations

In the area of international relations, the President of the Republic shall have the following responsibilities:

To ratify, after valid approval, International Treaties and Agreements;
To declare war and make peace, at the Government’s request, after consultation with the Council of the Republic, and with the authorization of the National Assembly or, when it is not in session, of its Permanent Commission;
To appoint and dismiss ambassadors, permanent representatives, and special envoys, upon the nomination of the Government;
To receive accreditation from foreign diplomatic representatives.

Article 149. Veto

When the President of the Republic exercises his veto power, he must return the bill to the body which passed it, with a message substantiating the veto, and requesting a new consideration of the bill.
Within 120 days from the receipt of the message of the President of the Republic, if the National Assembly confirms its approval by a majority of the Deputies holding office, the President of the Republic must promulgate it within one week

Article 150. Promulgation and Referring

Legislation referred to in Article 147 (2)(b) shall be promulgated and signed by the President of the Republic, under penalty of legislative lapse.
Presidential acts which must be done at the request or after consultation of the Government must be referred by the Prime Minister, under penalty of legislative lapse.
Governmental legislation and regulatory decrees shall also be referred by the Prime Minister, under penalty of legislative lapse.

Article 151. Acts of the Interim President of the Republic

The interim President of the Republic may not perform the acts provided in Article 147 (1) (e), (f), (h), (j), and (l)[k] or (2) (e), (f), (g), and (h).

TITLE III. THE NATIONAL ASSEMBLY

CHAPTER I. DEFINITION, COMPOSITION AND DISSOLUTION

Article 152. Definition

The National Assembly shall be the assembly representing all Cape Verdian citizens.

Article 153. Composition

The National Assembly shall have a minimum of sixty-six and a maximum of seventy-two Deputies elected under the provisions of the Constitution and the law.
The totality of electoral districts outside the national territory shall have six Deputies distributed among them, as provided by law.

Article 154. Election to the National Assembly

Except in the event of dissolution, the election for the National Assembly must take place during the period which begins four years and eleven months after the date of the previous election and ends five years and fifteen days after that date.

Article 155. Dissolution

The National Assembly shall be dissolved if one session:
1. Rejects two motions of confidence in the Government;
2. Approves four motions of censure of the Government.
The National Assembly shall also be dissolved in the event of a serious institutional crisis, when that is necessary for regular functioning of democratic institutions; the act must have prior approval of the Council of the Republic, under penalty of judicial lapse.

Article 156. Prohibition against Dissolution

The National Assembly may not be dissolved in the twelve months following its election; in the year before the end of the term of the President of the Republic; in the event of martial law or a state of emergency, while it is in effect and for thirty days after it ends; and also after presenting a motion of confidence or censure and for ten days following the vote on the motion.
An act of dissolution enacted in violation of the provision in the preceding paragraph shall be null and void.
Dissolution shall not end the Deputies’ term nor jeopardize the remuneration, authority, or functioning of the Permanent Commission before the opening of the constituent session of the newly-elected Assembly.

CHAPTER II. ORGANIZATION

Article 157. Composition of the Executive Board

The Executive Board of the National Assembly shall be composed of the President, the first Vice President, the second Vice President, and two Secretaries, elected under the provisions of the Assembly’s by-laws.
The President and the Secretaries shall be elected by written nomination of a minimum of fifteen and a maximum of twenty Deputies.
The offices of first and second Vice President must be awarded to the two major parties or political forces represented in the Assembly.
Members of the Executive Board of the National Assembly shall be elected by the whole legislature under the provisions of the National Assembly’s by-laws.
Members of the Executive Board, while they are in office, may not be leaders of parliamentary groups or participate in any Special or Ad Hoc Commissions.

Article 158. Subsistence of the Executive Board

At the end of the legislature or in the event of dissolution, the Executive Board of the National Assembly shall remain in office until the opening of the constituent session of the newly-elected Assembly.

Article 159. Commissions

The National Assembly shall have a Permanent Commission and Special Commissions; they may also constitute Ad Hoc Commissions and Commissions of Inquiry into actions of the Government and the Public Administration and for other specific purposes.
The composition of the Commissions, with the exception of the Permanent Commission, must correspond to the representation of each party or political force with seats in the National Assembly.
Other aspects of the composition, authority, and functioning of the Commissions shall be regulated by the National Assembly’s by-laws.

Article 160. Permanent Commission

The Permanent Commission shall function during the period in which the National Assembly is dissolved, between sessions, and in other cases provided in the Constitution.
The Permanent Commission shall be composed of the President of the National Assembly, who shall preside, Vice Presidents and Secretaries of the Executive Board, and one representative of each parliamentary group.
In the event that a party or political force with a seat in the Assembly does not have a constituent parliamentary group, one of its representatives will be a member of the Permanent Commission.
The representatives referred to in the previous paragraphs shall have a number of votes on the Permanent Commission equal to the number of deputies whom they represent.
The Permanent Commission shall have the following responsibilities:
1. To exercise the powers of the National Assembly regarding the terms of deputies;
2. To assist in the activities of the Government and the Administration;
3. To give consent to the President of the Republic’s absence from the national territory;
4. To authorize the President of the Republic to declare martial law or a state of emergency, to declare war, and make peace.
At the end of the legislature or in the event of dissolution of the National Assembly, the Permanent Commission shall remain in office until the opening of the constituent session of the newly-elected Assembly.

Article 161. Parliamentary Groups

Parliamentary Groups shall consist of a minimum of five Deputies.
No Deputy may belong to more than one Parliamentary Group.
The organization, functioning, and authority of Parliamentary Groups shall be regulated by the Assembly’s by-laws.

CHAPTER III. FUNCTIONING

Article 162. Legislature

The National Assembly shall be elected for a period of five years.
The legislature shall begin with the first session of the National Assembly after the elections and shall end with the first session of the newly-elected Assembly.
In case of dissolution, the newly-elected Assembly shall begin a new legislative session.

Article 163. Legislative Sessions

The number of ordinary legislative sessions shall be set by the National Assembly’s bylaws but shall never be fewer than two per year.

Article 164. Meeting on the Appropriate Dates

The National Assembly shall meet on the dates established for the beginning of the legislature and for each legislative session and for the extent of martial law or a state of emergency.
If it is not possible for the National Assembly to meet during martial law or a state emergency or if it is dissolved on the date of the declaration of martial law or a state of emergency, these powers shall automatically be assumed by the Permanent Commission.

Article 165. First Meeting After Elections

The National Assembly shall meet to begin the legislative session on the twentieth day following the publication of the election results in the Official Journal of the Republic.

Article 166. Special Sessions

Outside the normal period of functioning, the National Assembly may meet in extraordinary session in case of war, martial law or a state of emergency, to review the program of the Government, or to take care of a specific emergency matter of relevant national interest.
The National Assembly may also be convened in extraordinary session at the request of the President of the Republic to deal with specific matters as provided in Article 147, 1(p)[o] and (3).
In the extraordinary sessions the National Assembly may only deal with the specific matters which are the object of the session.

Article 167. Agenda

The agenda of each legislative session shall be set by the President of the National Assembly, in consultation with the Conference of Representatives of Parliamentary Groups and in accordance with the priority of subject matter defined in the by-laws of the National Assembly, with the right to have recourse to the Plenary Session of the Assembly.
Parliamentary Groups shall have the right to set the agenda for at least one plenary session in each ordinary legislative session under the provisions of the by-laws of the National Assembly.
The Government may request priority for matters of national interest needing emergency resolution.

Article 168. Participation of the Government in Activities of the National Assembly

The Prime Minister, the Vice Prime Ministers, if there are any, and the Ministers shall have the right to appear at plenary sessions of the National Assembly, with a right to speak under the provisions of the by-laws of the National Assembly.
Meetings may be scheduled to question the Government by means of oral or written questions or by requests for clarification.
In the meetings referred to in the previous paragraph, one or more members of the Government must be present; however, the Prime Minister may be replaced by the Vice Prime Minister, if there is one, and a Minister may be replaced by a Secretary of State.

CHAPTER IV. LAWMAKING

SECTION I. INITIATIVE FOR LAWS AND REFERENDA

Article 169. Initiative of Law of Referendum

Initiative for laws shall be vested with Deputies, Parliamentary Groups, and the Government.
Initiative for referenda shall be vested with Deputies, Parliamentary Groups, and the Government.
Private bills and referenda questions shall be initiated and drafted by Deputies and Parliamentary Groups.
Government bills shall be initiated and drafted by the Government.
Deputies and Parliamentary Groups may not introduce:
1. Private bills which entail, directly or indirectly, an increase in expenditures or a decrease in revenue provided for by the State Budget or which modify in any way the current fiscal year;
2. Referenda questions which violate the provision of Article 108 (3);
3. Private bills or referenda questions which are unconstitutional or illegal.
Private and government bills with substantially the same content and which are intended to regulate the same matter, if rejected, may not be reintroduced for the next three legislative sessions.

Article 170. Passage of and Lapsing of Motions and of Referenda Questions

Bills shall be passed within the legislative session.
Motions for bills shall lapse upon the resignation of the government.
Motions and draft bills and referenda proposals shall lapse with the dissolution of the National Assembly or at the end of the legislative session.
After approval by a final vote, plans and bills shall be called Legislative Acts.
Legislative Acts shall be presented to the President of the Republic for promulgation.

Article 171. Initiative of Resolutions and Motions

Deputies shall have the right to initiate resolutions, as well as:
1. The Executive Board of the National Assembly in cases provided by law;
2. The Government, for approval of International Treaties and Agreements;
The resolution which authorizes the President of the Republic to declare martial law or a state of emergency or to be absent from the national territory shall be adopted by request from the President of the Republic to the National Assembly.
Motions shall be initiated by Deputies and also by the Government in regard to motions of confidence.

SECTION II. DISCUSSION AND VOTING

Article 172. Discussion and Vote

Discussion of draft bills and motions for laws and proposals for referenda shall consist of one debate on general principles and another debate on specifics.
Voting on draft bills and motions and proposals for referenda shall consist of one vote on general principles, one vote on specifics, and one final overall vote.
For debate in Plenary Session of the National Assembly, draft bills and motions may first be voted upon, in specifics, by Special Commissions, without prejudice to the right of the Assembly to debate same before its final overall vote, said vote to approve texts whose specifics were passed by those Special Commissions.
Drafts of Constitutional laws and drafts and motions for organic laws must first have their specifics passed by Plenary Session of the National Assembly.

Article 173. Qualifying Majority

Constitutional draft bills must be approved by two-thirds of the Deputies currently in office.
Except for the provisions of the following paragraph, draft bills and motions must be approved by a majority of Deputies currently in office.
Organic bills which deal with subjects contained in Article 187 (1) (c), (g), (h), and (i) must be approved by two-thirds of the Deputies present, provided the number is greater than a majority of the Deputies currently in office.

CHAPTER V. THE STATUS OF DEPUTIES

Article 174. Nature and Goals of Representatives

Deputies shall be representatives of all the people and not only of the electoral districts from which they were elected.

Article 175. Beginning of Term of Office

The term of Deputies shall begin with the first session of the National Assembly after elections and shall end with the first session after the following elections, taking into account suspension or individual termination.
The Statute of Deputies shall regulate suspension, substitution, resignation, and loss of mandate.

Article 176. Incompatibilities

The office of Deputy shall be incompatible with that of:
1. Member of the Government;
2. Magistrate;
3. Councillor of the Republic, except when performing the duties of President of the National Assembly;
4. Diplomat;
5. Members of the military who are on duty.
Other incompatibilities shall be determined by law.

Article 177. Exercising the Duties of a Deputy

Public and private entities must cooperate with Deputies in the exercise of their duties.
Deputies shall be guaranteed all conditions necessary for the exercise of their duties, particularly close contact with the electoral district from which they were elected and its citizens.
The absence of Deputies from official activities or inquiries because of sessions or missions of the National Assembly shall always be considered justified and a reason for postponement of the activities or inquiries.
The mandate of a Deputy taken in flagrante delicto in a crime punishable by more than two years’ imprisonment shall automatically be suspended from the date on which this was communicated to the National Assembly.

Article 178. Laws and Regulations Regarding Deputies

Deputies may not be called as witnesses without the authorization of the Assembly or, when the Assembly is not in session, the Permanent Commission.
Deputies shall enjoy the following rights and privileges:
1. Free passage in public places with limited access;
2. A special identity card;
3. Postponement of military or civic service;
4. Subsidies prescribed by law;
5. Others as established in the Statute of Deputies.

Article 179. Powers of the Deputies

Deputies may do the following:

Introduce bills for the revision of the Constitution;
Introduce legal bills, referenda questions, resolutions, motions, and deliberations;
Request ratification of Legislative Decrees;
Request and obtain from the Government, from Administrative bodies, and any public entity, information and publications considered indispensable to the exercise of their duties;
Question the Government, Public Administration, or any public entity and obtain a response within a reasonable time;
Request the formation of Ad Hoc Commissions, as provided by the by-laws of the National Assembly;
Other powers as provided in the by-laws of the National Assembly and the Statute of Deputies.

Article 180. Duties of the Deputies

Deputies shall have the duty to:

Attend Plenary Sessions and Commissions to which they belong;
Discharge the responsibilities and duties designated by the National Assembly;
Participate in votes and in work of the National Assembly;
Other duties as provided in the by-laws of the National Assembly and the Statute of Deputies.

Article 181. Immunities

Deputies and Parliamentary Groups shall not have civil, criminal, or disciplinary liability for votes and opinions issued in the exercise of their duties.
No Deputy may be detained or imprisoned without the authorization of the National Assembly, except in a case of flagrante delicto for a crime punishable by more than two years’ imprisonment and, aside from flagrante delicto, for a crime punishable by more than eight years’ imprisonment.
Except in the case provided for in the second part of (2), at the beginning of a criminal procedure against a Deputy, the National Assembly shall decide whether the Deputy should be suspended during the trial.

Article 182. Loss of Mandate

Deputies shall lose their mandate in the following cases:
1. Failure to take their seat in the National Assembly during the required number of sessions or absences exceeding the number established in the by-laws of the National Assembly;
2. Refusal three consecutive times or five non-consecutive times to discharge responsibilities or duties assigned by the Assembly, when the refusal is not considered justified;
3. Conviction of a crime punishable by imprisonment;
4. Membership in a different party from the one in which they were elected.
Such, therefore, shall lead to a loss of mandate no matter which ineligibility exists at the date of elections and or which is recognized afterwards as among incompatibilities and incapacities described by law.

CHAPTER VI. AUTHORITY OF THE NATIONAL ASSEMBLY

SECTION I. ORGANIZATIONAL AND FUNCTIONAL AUTHORITY

Article 183. Organizational/Functional Jurisdiction of the National Assembly

The National Assembly shall have the following authority:

To draw up and approve its own by-laws;
To elect, by a majority of the Deputies currently in office, its President, Vice Presidents, and Secretaries;
To constitute its Permanent Commission, Special Commissions, and Ad Hoc Commissions;
To exercise other authority conferred by its by-laws.

Article 184. Authority of the President

The President of the National Assembly shall have the following authorities:

To represent the Assembly and to preside over the Executive Board;
To set the dates for Plenary Sessions and to establish the agenda, under the provisions of the by-laws;
To exercise other authorities assigned by the Constitution and the by-laws of the National Assembly.

Article 185. Authority of Commissions and Parliamentary Groups

The Commissions and Parliamentary Groups shall have the authority established by the Constitution and the by-laws of the National Assembly.

SECTION II. LEGISLATIVE AND POLITICAL AUTHORITY

Article 186. General Legislative Authority

The National Assembly shall have the authority:

To approve constitutional laws;
To make laws on all subjects except those under the exclusive authority of the Government;
To confer legislative authorization on the Government;
To approve for ratification, as provided by the Constitution, legislative decrees of the Government.

Article 187. Exclusive Reserved Legislative Authority

The National Assembly shall have exclusive authority to make laws on the following subjects:
1. The acquisition, loss, and reacquisition of nationality;
2. Amnesty, pardons, and commutation of penalties;
3. National and local referenda;
4. Information services, as well as State secrets;
5. The process of verifying constitutionality;
6. The Organization of National Defense;
7. Martial law and states of emergency;
8. Political parties and the Statute of Opposition;
9. Election of officeholders in national bodies, local authorities, and other political offices elected by universal, direct and periodic suffrage;
10. Definition of limits of territorial waters, the exclusive economic zone, and marine beds;
11. The status of national bodies, local power, and political bodies elected by direct, universal suffrage;
12. Restrictions on the exercise of rights by military police and police forces on duty;
13. The form and priority of regulations referred to in Article 288 (b).
The National Assembly shall also have exclusive authority to make laws on the following:
1. Taxes and the fiscal system;
2. The creation, organization, territorial modification, and elimination of local authorities;
3. The system of social security and health;
4. The educational system;
5. The protection of nature, natural resources, and the national historical and cultural heritage;
6. Property and the means of production;
7. The creation and organization of the State Budget and the budgets of local authorities;
8. Planning and the National Plan for Development.

Article 188. Reserved Relative Legislative Authority

Except for legislative authority granted to the Government, the National Assembly shall have exclusive authority to make laws on the following subjects:

Rights, liberties, and guarantees;
The status and capacity of persons, the right to family and to inheritance;
The definition of crimes, penalties, security measures, as well as criminal procedure;
The organization of courts and the Statute of Magistrates;
Infractions and disciplinary sanctions, social decrees, and respective procedures;
Regulation of public office, the status of office holders, and the civil responsibility of the State;
General organization of Public Administration;
The monetary system and standardization of weights and measures;
The financial and banking system;
Trade union rights and the right to strike;
The general organization, functioning, and discipline of the Armed Forces and the Police;
The general status of public enterprises;
Rural and urban leases;
Public associations;
Guarantees and rights of appeal;
Requisition and expropriation for public use;
General regulation of radio, television, and other means of communication;
Compulsory military and civic service and conscientious objection;
General regulation of intervention and expropriation of the means of production and land, establishment of criteria for compensation, privatization of property, and enterprises in the public sector.

Article 189. Relative Authority over the Budget, Plans and Accounting

The National Assembly shall have the authority:

To approve the State Budget and broad planning options;
To receive and examine general accounts of the State, and other public entities as determined by law, which must be presented by July 31 of the following year, accompanied by a report from the Court of Accounts and any other elements necessary for their examination;
To examine the annual planning report, which must be delivered by March 31 of the following year.

Article 190. Approval of Treaties

The National Assembly shall have the authority to approve:

Treaties which deal with matters under their absolute legislative authority or reserved for them;
Treaties regarding Cape Verde’s participation in international organizations, or regarding friendship, peace, defense, military matters, and others which the Government submits;
Adherence to any Treaty which deals with matters under their absolute or relative authority, as well as disengagement from them.

Article 191. Political Authority

In the exercise of their duty to supervise general policy, the National Assembly shall have the following authority:
1. To supervise the execution of the Constitution and laws;
2. To supervise the application of martial law or a state of emergency.
In the exercise of their duty to authorize, the National Assembly shall have the following authority:
1. To authorize the President of the Republic to declare war and to make peace;
2. To authorize or ratify, under the provisions of Article 147 (2) and (4) (h) the declaration of martial law or a state of emergency;
3. To authorize the absence of the President of the Republic from national territory.
In the exercise of their duties of political supervision and authorization, the National Assembly shall have the following authority:
1. To examine the Government’s program and the report of its activities;
2. To vote motions of confidence or censure of the Government;
3. To question the Government;
4. To supervise actions of the Government and the Public Administration;
5. To authorize the Government to define general conditions for contracting or granting loans and carrying out other credit operations which do not involve floating debt, and to establish the maximum limit of guarantees granted by the Government in each fiscal year;
6. To exercise other authorities conferred by the Constitution and by law.

Article 192. Authority in Relation to Other Organs

The National Assembly shall have the authority, along with other bodies:

To witness the inauguration and the resignation of the President of the Republic;
To request the Attorney General of the Republic to take criminal action against the President of the Republic under the provisions of Article 144;
To propose referenda to the President of the Republic under the provisions of Article 108 and Article 109 (4);
To request the Attorney General of the Republic to take criminal action against members of the Government under the provisions of Article 211;
To elect two members of the Council of the Republic;
To elect one judge of the Supreme Court of Justice and three voting members of the Superior Council of Magistrates;
To elect members of other political bodies as conferred by the Constitution;
To exercise other authorities conferred by the Constitution and by law.

Article 193. Regulation of Legislative Authorization

Laws concerning legislative authorization may deal only with matters reserved to the National Assembly, and they must establish the objectives, the extent, and the duration of the authorization, which may be extended.
Laws concerning legislative authorization may not be utilized more than once; however, they may be utilized in sections.
Laws concerning legislative authorization shall lapse at the end of the legislative session, with the dissolution of the National Assembly, or with the resignation of the Government, and they may be revoked by the National Assembly.
The Government must publish the legislative authorization act by the last day of the time period indicated in the authorization, which shall take effect on the date of publication.

Article 194. Emergency Procedures

The National Assembly, at the request of fifteen Deputies, or any Parliamentary Group, or Special Commissions, or the Government, may declare emergency procedure for any private or Government bill or resolution.
A plenary session of the National Assembly shall have the responsibility of declaring the emergency.

Article 195. Ratification of Legislative Decrees

In the two plenary sessions of the second legislative session following the publication of any legislative decree, five Deputies or any Parliamentary Group may request that it be ratified by the National Assembly.
The National Assembly may not suspend a legislative decree which is the object of deliberation.

TITLE IV. THE GOVERNMENT

CHAPTER I. FUNCTION, POLITICAL RESPONSIBILITY, COMPOSITION AND ORGANIZATION

SECTION I. FUNCTION AND RESPONSIBILITY

Article 196. Function

The Government shall be the body which defines, directs, and executes the general internal and external policy of the nation and shall be the supreme body of Public Administration.

Article 197. Responsibility of the Government

The Government shall be politically responsible to the National Assembly.

SECTION II. COMPOSITION AND ORGANIZATION

Article 198. Composition

The Government shall consist of the Prime Minister, the Ministers, and the Secretaries of State.
There may be one or more Vice Prime Ministers.
The Government shall have, as a related body, the Council of Ministers.

Article 199. Council of Ministers

The Council of Ministers shall consist of the Prime Minister, Vice Prime Ministers, if there are any, and Ministers; the Prime Minister shall preside over and coordinate the Council.
The Prime Minister, during deliberations of the Council of Ministers, may call upon the Secretaries of State to participate in the meetings, with no voting rights.

Article 200. Special Councils of Ministers

There may be other Councils of Ministers for special matters.
The Special Councils of Ministers shall have the duty to coordinate and prepare matters for the deliberation of the Council of Ministers and may have regulatory and administrative functions after deliberation by the Council of Ministers.
The Special Councils of Ministers shall be presided over by the Prime Minister, a Vice Prime Minister, or by a Minister chosen for that purpose; appropriate Ministers and Secretaries of State may participate.
High State officials may participate, without the right to vote, in meetings of the Special Councils of Ministers when they are called for that purpose by the respective presidents.

Article 201. Organization of the Ministers and Secretaries of State

The number, title, structure, and duties of the Ministers and Secretaries of State, and the process of coordination among them, shall be established by Decree.

Article 202. Replacements

The Prime Minister may be replaced in case of disability or absence by the Vice Prime Minister or, lacking such, by the Minister designated by the Prime Minister to the President of the Republic.
In the absence of a designation or in case of vacancy, if there is no Vice Prime Minister, the President of the Republic shall have the responsibility of designating a Minister to substitute for the Prime Minister.
Each Minister shall be replaced, in case of disability or absence, by the Secretary of State designated to the Prime Minister, or in the absence of a designation or the absence of the Secretary of State, by the member of the Government designated by the Prime Minister.

CHAPTER II. COMMENCEMENT AND TERMINATION OF DUTIES

Article 203. Commencement and Termination of Duties of the Government

The Government shall begin its functions with the inauguration of the Prime Minister and other Ministers and shall cease with the resignation, dismissal, death, or permanent physical or mental disability of the Prime Minister.

Article 204. Commencement and Termination of Duties of Members of the Government

The Prime Minister shall begin his functions with his inauguration and shall cease with dismissal by the President of the Republic, at his request, and following the resignation of the Government.
The outgoing Prime Minister shall be dismissed on the date the new Prime Minister is appointed and inaugurated.
The functions of Ministers shall begin with their inauguration and cease with their dismissal or that of the Prime Minister.
The functions of the Secretaries of State shall begin with their inauguration and shall cease with their dismissal or that of the respective Ministers.
A Prime Minister who abandons the exercise of his duties before the appointment and inauguration of the new office holder may not be appointed to any governmental functions for ten years from that date.

Article 205. Governing over Management

In the event of the resignation of the Government, it shall continue in office until the appointment and inauguration of the new Prime Minister.
Before the deliberation of his program by the National Assembly or after his resignation, the Government shall be limited to performing those actions strictly necessary for the current management of public business and ordinary administration.

CHAPTER III. FORMATION AND COMPENSATION OF THE GOVERNMENT

SECTION I. FORMATION

Article 206. Formation

The Prime Minister shall be appointed by the President of the Republic after consultation with the parties seated in the National Assembly, and taking into account the election results, the existence or lack of a majority party, and the possibility of coalitions and alliances.
Ministers and Secretaries of State shall be appointed by the President of the Republic upon the nomination of the Prime Minister.

Article 207. Collective Responsibility of Members of the Government

Members of the Government shall be bound by the Government’s program and the deliberations of the Council of Ministers, and shall be politically, collectively responsible for its execution.

Article 208. Elaborating the Government’s Program

Once appointed, the Government must draw up the objectives and tasks it proposes to accomplish, measures to adopt, and the main political directions it plans to follow in all areas of governmental activities.
The Government’s Program must be approved in the Council of Ministers and submitted for deliberation in the National Assembly.

Article 209. Approval of the Government’s Program by the National Assembly

Within two weeks from the date he takes office, the Prime Minister shall submit the Government’s Program for deliberation by the National Assembly and must seek a motion of confidence limited to the subject of the general policy which he seeks to accomplish.

SECTION II. POLITICAL AND CRIMINAL RESPONSIBILITY OF MEMBERS OF THE GOVERNMENT

Article 210. Political Responsibility of Members of the Government

The Prime Minister shall be politically responsible to the National Assembly.
The Vice Prime Ministers and the Ministers shall be responsible to the Prime Minister and, in the area of the political responsibility of the Government, to the National Assembly.
The Secretaries of State shall be politically responsible to the Prime Minister and the respective Ministers.

Article 211. Criminal Responsibility of Members of the Government

Members of the Government shall be responsible to the Supreme Court of Justice for crimes committed in the exercise of their functions, under the following provisions:
1. For crimes punishable by imprisonment for not more than two years, the National Assembly shall request the Attorney General of the Republic to begin legal action against the member, and if there is an indictment or the equivalent, to rule on whether or not the member of the Government shall be suspended from office for the duration of the trial.
2. For crimes punishable by imprisonment for more than two years, the National Assembly shall request the Attorney General of the Republic to begin legal action against the member of the Government and if there is an indictment or the equivalent, the President of the Republic shall immediately suspend the member of the Government from office for the duration of the trial.
For crimes committed outside the exercise of his functions, the member of the Government shall be responsible to ordinary courts, and the provisions of (a) and (b) of the previous number shall be observed.

SECTION III. MOTIONS OF CONFIDENCE AND OF CENSURE AND THE RESIGNATION OF THE GOVERNMENT

Article 212. Motion of Confidence

The Government, by deliberation in the Council of Ministers, may at any time ask the National Assembly for a motion of confidence on the political direction that it seeks to follow or on any other matter of relevant national interest.
By deliberation in the Council of Ministers, the Government may withdraw the motion of confidence up to the time when discussion begins in the National Assembly.

Article 213. Motion of Censure

The National Assembly may, upon the initiative of one-fifth of the Deputies or of any Parliamentary Group, vote motions of censure against the Government on general policy or on any other matter of relevant national interest.
The motion of censure must be substantiated.
The motion of censure may not be debated until the third day after it is presented, in a debate not longer than four days.
If the motion is not approved, its signatories may not present another motion for the next four legislative sessions.

Article 214. Dismissal of the Government

The following shall entail the resignation of the Government:
1. The beginning of a new legislative session and the dissolution of the National Assembly;
2. The acceptance by the President of the Republic of the request for dismissal presented by the Prime Minister;
3. The death or permanent physical or mental disability of the Prime Minister;
4. Failure to submit its program for approval by the National Assembly, or failure to present along with the program a motion of confidence on the general policy which it seeks to accomplish;
5. Disapproval of a motion of confidence;
6. Approval of two motions of censure in the same legislative session.
The President of the Republic may dismiss the Government in the event of approval of a motion of censure, after consulting the parties represented in the National Assembly and the Council of the Republic.

CHAPTER IV. AUTHORITY OF THE GOVERNMENT

Article 215. Political Jurisdiction

The Government, in the Council of Ministers, shall be responsible for the exercise of the following political functions:

To define, approve, and execute the general policy of the Nation;
To approve Government bills and resolutions to submit to the National Assembly;
To approve referenda questions to present to the President of the Republic;
To propose to the President of the Republic declarations of martial law or a state of emergency, and to give an opinion on this matter when the President of the Republic makes the declarations;
To propose to the President of the Republic a declaration of war or the making of peace;
To take appropriate measures under the provisions of the Constitution and the law in the event of a declaration of war, martial law, or a state of emergency;
To approve and present to the National Assembly accounts of the State and other public entities and the annual report, under the provisions of Article 189 (b);
To approve the State Budget;
To approve the National Development Plan and the respective plans of execution;
To request the National Assembly to vote on motions of confidence;
To propose to the President of the Republic the nomination of the Commander-in-Chief of the Armed Forces, the Vice Chief of the Armed Forces, the President of the Court of Accounts, and the Attorney General of the Republic.
To approve actions involving the increase or reduction of revenue or public expenditures;
To deliberate on all matters under their authority which are conferred upon them by law or presented by the Prime Minister;
To perform other actions entrusted to them by the Constitution and by the law.

Article 216. Legislative Jurisdiction

The Government shall have exclusive responsibility, in the Council of Ministers, to exercise the legislative function, to make and approve decrees, and other acts regarding its own organization and functioning.
The Government shall also have the responsibility in the Council of Ministers to exercise the following legislative functions:
1. To make decrees on matters not reserved to the National Assembly;
2. To make legislative decrees on matters relatively reserved to the National Assembly by means of the legislative authority of the Assembly;
3. To make and approve decrees developing the principles or bases of the general regulation contained in the laws;
4. To make decrees approving International Treaties and Agreements.
The legislative decrees and decree-laws referred to in paragraphs (b) and (c) of the preceding number must indicate, respectively, the legislative authorization or basic law which covers them.

Article 217. Administrative Jurisdiction

The Government shall have the responsibility, through the Council of Ministers or any of its members, to exercise the following administrative functions:

To execute the National Development Plan and the State Budget;
To make the necessary regulations for the proper execution of laws;
To direct the services and activity of direct State administration, civil and military, and to supervise indirect administration, as well as to exercise supervision over autonomous administration.
To perform actions required by the law respecting public office holders, State agents, and other collective public bodies;
To guarantee respect for democratic legitimacy;
To perform all actions and to take all necessary measures to promote socio-economic development and the satisfaction of collective needs;
To exercise other authority which may be attributed to them by the Constitution and by law.

Article 218. Jurisdiction Regarding International Relations

The Government, in the Council of Ministers, shall have the following responsibilities in international relations:

To define, approve, and execute the foreign policy of the Nation;
To negotiate and agree to International Treaties and Agreements;
To approve International Treaties and Agreements on subjects which are not within the exclusive jurisdiction of the National Assembly or which have not been submitted to the National Assembly for approval;
To insure that the State of Cape Verde is represented in international relations;
To nominate to the President of the Republic ambassadors, permanent representatives, and special envoys.

Article 219. Jurisdiction of the Prime Minister

The Prime Minister shall have the following responsibilities:

To preside over the Council of Ministers;
To direct and coordinate the general policy of the Government and its functioning;
To direct and coordinate the actions of all Ministers and Secretaries of State who are directly responsible to him, while allowing for their direct responsibility for the management of their respective governmental departments;
To direct and coordinate relations of the Government with other national bodies;
To countersign actions of the President of the Republic under the provisions of Article 150 (2) and (3).
To inform the President of the Republic regularly and completely of matters regarding the internal and foreign policy of the Government;
To represent the Government in all official actions and to delegate the exercise of these duties to any other member of the Government;
To present to other national and political bodies, in the name of the Government, bills approved by them, as well as any inquiries requested by the Government;
To perform other responsibilities which may be conferred by the Constitution, by law, or by the Council of Ministers.

Article 220. Jurisdiction of Ministers and Secretaries of State

Ministers shall have the following responsibilities:
1. To participate, through the Council of Ministers, in the definition of the internal and foreign policy of the Government;
2. To execute the general policy of the Government, especially the policy defined by the respective Ministry;
3. To establish the relations between the Government and other State bodies within the scope of the respective Ministry;
4. To exercise the functions conferred by the Prime Minister and by the Council of Ministers;
5. To exercise other functions which may be conferred by the Constitution and by the law.
Secretaries of State shall have the following responsibilities:
1. To execute, under the direction of the respective Ministers, the policy defined by the respective Ministries and Secretariats;
2. To perform functions which may be delegated by the respective Ministers;
3. To replace respective Ministers in their absence or temporary disability;
4. To assist the respective Ministers in the management of the services of the respective Ministries;
5. To manage, under the direction of the respective Ministers, all departments included in the respective Secretariats or areas of action;
6. To exercise functions which may be conferred by the respective Ministers or by law.

TITLE V. JUDICIAL POWER

CHAPTER I. GENERAL PRINCIPLES

Article 221. Jurisdictional Duties

Justice shall be administered in the name of the people by the Courts.
In the administration of Justice, Courts shall have the responsibility to settle public and private conflicts of interest, and to assure the defense of legally protected rights and interests of citizens.
Courts shall be independent and shall only be subject to law.

Article 222. Principle of Jurisdictional Unity

The principle of jurisdictional unity shall be the basis of the organization and functioning of the Courts.
Courts of exception shall be prohibited.
Except for military courts, there may not be special courts for the trial of certain categories of crimes or of persons.

Article 223. Exercise of Jurisdictional Power

The judicial power, in all types of cases, shall be exercised exclusively by courts created under the provisions of the Constitution and the law and in conformity with legally established jurisdictional and procedural norms.
The judicial power may also be exercised by courts instituted by conventions of supranational organizations of which Cape Verde is a member, in conformity with legally established jurisdictional and procedural norms.
Courts may not exercise other functions which are not established by law.
All public and private authorities must cooperate with the Courts, as requested in the exercise of their functions.

Article 224. Holders of Jurisdictional Power

The judicial function shall be exercised exclusively by judges installed under the provisions of the law.
Judicial organization and the status of judges shall be regulated by law.

Article 225. Recognition of Unconstitutionality

Courts may not apply norms contrary to the Constitution and the principles in it.

Article 226. Publication of Sessions

Court sessions shall be public unless the Court decides otherwise under provisions of the law with a view to safeguarding the dignity and privacy of persons or of its own functioning.

Article 227. Provisions

Decisions of the Courts must be substantiated by provisions of the law.
Decisions of the Courts shall apply to all public and private entities and shall prevail over decisions of all other authorities.
Decisions of the Courts regarding personal liberty shall always be subject to appeal.

CHAPTER II. ORGANIZATION OF THE COURTS

Article 228. Categories of Tribunals

There shall be Courts in the following categories:
1. The Supreme Court of Justice and courts of first resort;
2. The Court of Accounts;
3. Military Courts;
4. Tax and Customs Courts.
There may be courts of second resort and administrative courts.
Courts of first resort shall be assignment courts, which may be classified under the provisions of the law.
The Supreme Court of Justice and courts of second resort shall function as courts of first resort in cases established by law.
The organization and functioning of courts shall be regulated by law.
Special courts may be created by law.

Article 229. Supreme Court of Justice

The Supreme Court of Justice shall be the supreme body in the hierarchy of courts and shall have jurisdiction over all the national territory.
The Supreme Court of Justice shall be based in the city of Praia.

Article 230. Composition

The Supreme Court of Justice shall consist of a minimum of five judges, including:
1. One judge appointed by the President of the Republic;
2. One judge elected by the National Assembly;
3. Other judges designated by the Superior Council of Magistrates.
The judge appointed by the President of the Republic must be selected from among the Judicial Magistrates or from the Public Prosecutor’s Office.
The judge elected by the National Assembly may be selected from among the Judicial Magistrates, the Public Prosecutor’s Office, or national jurists.
The judges designated by the Superior Council of Magistrates must be judicial magistrates.

Article 231. Requirements for Eligibility

Judges of the Supreme Court of Justice must be national citizens of good reputation, law graduates in possession of their civic and political rights who, at the time they are designated, have functioned in a professional activity in the magistrature or other legal activity or law teaching for at least five years.
In addition to the requirements established in the preceding paragraph, others may be established by law for the designation of judges by the Superior Council of Magistrates.

Article 232. Election

The judge designated by the National Assembly shall be elected by two-thirds of the Deputies in attendance, provided that represents a majority of the Deputies in office.
The electoral process shall be regulated by the National Assembly.

Article 233. Oath of Office

Judges of the Supreme Court of Justice shall take office in the presence of the President of the Republic.
At their installation, they shall swear the following oath:”I swear on my honor that I will execute the Constitution of the Republic of Cape Verde, that I will insure the constitutionality of laws and faithfully carry out the duties entrusted to me.”

Article 234. Term of Office

The term of judges on the Supreme Court of Justice, which begins with the installation, shall last for five years and shall end with the installation of new judges in their respective places.
At the end of their term, the judges appointed by the President of the Republic and those elected by the National Assembly from the magistrature or the Public Prosecutor’s Office shall be placed in the highest career category of the judicial magistrature or the Public Prosecutor’s Office.

Article 235. Appointment and Substitutions for the President of the Supreme Court of Justice

The President of the Supreme Court of Justice shall be appointed by the President of the Republic from among the judges composing the Court, after consultation with the Superior Council of Magistrates.
In the event of the temporary disability of the President of the Supreme Court of Justice for a period exceeding thirty days, or in the event of a vacancy in the office, until the installation of the new President, a replacement judge will be appointed as provided by law.

Article 236. Cessation of Duties

Except for the expiration of their term, the duties of judges of the Supreme Court of Justice shall cease only in the following instances:
1. Death or permanent physical or mental disability;
2. Resignation;
3. Dismissal or compulsory retirement as a result of disciplinary or criminal proceedings;
4. Acceptance of a position or responsibility which is constitutionally or legally incompatible with the exercise of his duties.
In the cases provided for in (a) and (d), the date of termination of duties shall be, respectively, the date of death, the date of declaration by the Supreme Court of Justice of permanent physical or mental disability, or the date of installation in the position or responsibility.
Resignation, which shall be accepted unconditionally, must be submitted in writing to the President of the Supreme Court of Justice and shall take effect with the installation of the newly-elected judge.
The full Supreme Court of Justice shall have the responsibility of verifying if the situations referred to in (1) (a) to (c) have occurred.
The President of the Supreme Court of Justice shall publish in the Official Journal of the Republic the declaration of termination of functions for any of the matters referred to in (1).

Article 237. Jurisdiction

The Supreme Court of Justice in plenary session shall have the following responsibilities:

To consider the constitutionality of regulations and resolutions in their overall guidelines or concrete effects;
To consider the legality of resolutions in their overall guidelines or concrete effects;
To verify the death or declare the permanent physical or mental disability of the President of the Republic and to declare temporary disability regarding the exercise of his duties;
To verify the removal from office of the President of the Republic in the event of absence from the national territory without consent and conviction of crimes committed in the exercise of his duties;
To verify the death and to declare the incapacity for Presidential office of any candidate for the Presidency of the Republic under the provision of Article 119(2);
To exercise other duties attributed to it by the Constitution and by law.

Article 238. Authority Relative to the Electoral Process and to the Organization of Political Parties

The Supreme Court of Justice shall also have the following responsibilities:

To receive and admit candidates for the Presidency of the Republic;
To judge appeals in cases of protest and grievances presented during the verification of election results for the Presidency of the Republic;
To judge appeals in the area of candidacies and contested elections for the National Assembly and for local bodies;
To accept requests for registration from political parties, coalitions, and associations in the register created especially for this purpose in the Court, and to keep records on these parties as required by law, and to annul registrations by cancellation or dissolution;
To consider the legality of the names and symbols of political parties, coalitions, and associations and their similarity to other parties and coalitions already registered;
To declare the illegality of political and partisan organizations which may not be constituted and to decree their abolition.

Article 239. Courts of First Resort

Courts of first resort shall have jurisdiction over matters which by law are not attributed to other jurisdictions.
The composition, functioning, and jurisdiction of courts of first resort shall be regulated by law.

Article 240. Military Courts

Military courts shall have the responsibility to judge crimes which, because of their subject-matter, may be defined by law as being essentially military.
Decisions of military courts may be appealed to the Supreme Court of Justice, as provided by law.

Article 241. Court of Accounts

The Court of Accounts shall be the supreme body for the supervision of the legality of public expenditures and the audit of accounts which by law are submitted to it.
The President of the Court of Accounts shall be appointed by the President of the Republic, upon nomination of the Government.
The provisions of Articles 233 and 234 shall be applicable to the judges of the Court of Accounts.
The law shall regulate the composition, functioning and authority of the Court of Accounts.

CHAPTER III. STATUS OF JUDGES

Article 242. Judicial Magistracy

Judges shall comprise a unique autonomous body independent of all other national bodies and shall be regulated by their own statute.
The recruiting and promotion shall be regulated by law, always taking account of the merit of the candidates.
With the exception of teaching duties and investigation in the area of rights and cases specially provided for by law, judges in office shall not exercise any other public or private duty.
Judges while in office may not be affiliated with political parties or associations nor participate in any political or partisan activity.

Article 243. Guarantees of Judges

Judges may not be removed, transferred, retired, or dismissed except in cases provided by law.
Judges may not be held responsible for their judgments or decisions except in cases especially provided by law.
Judges, in the exercise of their duties, shall be independent and shall be obedient only to the law and to their conscience.

Article 244. Appointment, Placement, Transfer and Promotion

Appointment of judges shall be regulated by special law.
Promotion, placement, and transfer of judges, and disciplinary action, shall be under the jurisdiction of the Superior Council of Magistrates as provided by law.

Article 245. Intercommunications

The statute of judges may provide for transfers between careers in the Judicial Magistrature and the Public Prosecutor’s Office.

Article 246. Superior Council of Magistrates

The Superior Council of Magistrates shall consist of the following members:
1. The President of the Supreme Court of Justice;
2. The Superior Judicial Inspector;
3. Two citizens appointed by the President of the Republic;
4. Three citizens elected by the National Assembly;
5. Two career judges elected by their peers.
The President of the Supreme Court of Justice shall preside over the Superior Council of Magistrates.
Members of the Superior Council of Magistrates shall enjoy the privileges attributed to judges.
The status of the Superior Council of Magistrates shall be regulated by law.

CHAPTER IV. THE PUBLIC PROSECUTOR’S OFFICE

Article 247. Status and Duties

The Public Prosecutor’s Office shall represent the State, defend democratic legitimacy, the rights of citizens, and the public interest as protected by the Constitution and by law, and shall exercise penal activity.
The Public Prosecutor’s Office shall have autonomous magistrates with their own status and shall exercise its duties by means of its own agencies, based on principles of unity of action and interdependence of all levels, and respecting the principles of impartiality and legality.
Agents of the Public Prosecutor’s Office shall be magistrates of various ranks, and they may not be transferred, suspended, dismissed, or retired except in cases provided by law.

Article 248. Appointment, Placement, Promotion and Transfer

The appointment and placement of agents of the Public Prosecutor’s Office shall be regulated by law.
Promotion and transfer of agents of the Public Prosecutor’s Office, and disciplinary action, shall be the responsibility of the Attorney General of the Republic, as provided by law.

Article 249. Attorney General of the Republic

The office of the Attorney General of the Republic and the highest jurisdiction of the Public Prosecutor’s Office shall be directed by the Attorney General of the Republic.
The Attorney General of the Republic shall be appointed by the President of the Republic, upon nomination of the Government, for a period of five years; he may not be dismissed before the end of his term except in the cases provided for in Article 236 (1).
The provisions of Article 236 (2), (4), and (5) shall be applicable to the Attorney General of the Republic.
Resignation, which must be accepted and which shall be unconditional, must be submitted in writing to the President of the Republic and shall take effect with the installation of the new Attorney General of the Republic.

Article 250. Intercommunication

The statute of the Public Prosecutor’s Office may establish transferability between careers in the Public Prosecutor’s Office and the Judiciary.

CHAPTER V. LAWYERS

Article 251. Duties and Guarantees Regarding Lawyers

A lawyer in the exercise of his duties shall serve justice and the law and shall provide indispensable cooperation to the administration of justice.
In the exercise of his duties and within the limits of the law, documents, correspondence, and other objects entrusted to the lawyer by his client shall be inviolable when they have been obtained for the defense of his client or for professional purposes.
Searches, seizures, and other similar investigations into a lawyer’s records may only be ordered by judicial decision, and must be carried out in the presence of the judge who authorized it, the lawyer, and a representative of the lawyers’ association appointed for this purpose.
A lawyer shall have the right to communicate personally and privately with his client even when his client is imprisoned or detained.

TITLE VI. LOCAL POWER

Article 252. Territorial Organization of the State Regarding Local Government Units

The organization of the State shall include the existence of autonomous local government units.
Autonomous local government units shall be public regions [territorial collectivities] representing their respective populations and pursuing the interests of these populations.
The creation, elimination, and change in the size of autonomous local government units shall be done by law after consulting the local organizations affected.
The administrative division of the territory shall be established by law.

Article 253. Categories of Autonomous Local Government Units

Autonomous local government units shall be municipalities, with other categories permitted by law which are greater or lesser than municipalities in area.

Article 254. Solidarity

The State shall encourage solidarity among localities in accordance with the special nature of each one, with a view to reducing regional imbalances and to national development.
The State, respecting the autonomy of localities, shall guarantee them technical, material, and human assistance, as provided by law.

Article 255. Patrimony and Finances of Local Governmental Entities

Local government entities shall have their own finances and resources.
The law shall define the resources of local government entities and shall establish the system of local finances, with a view to the fair distribution of public resources between the State and such entities and to other principles referred to in this title.
The share of local governmental entities in tax revenues shall be regulated by law.

Article 256. Organization of Local Governmental Entities

The organization of localities shall include an elected assembly with deliberative powers and an executive body.
The assembly shall be elected by citizens residing in the local territory according to a system of proportional representation.

Article 257. Regulatory Power

Local governmental entities shall have their own regulatory power within the limits of the Constitution and the law.

Article 258. Supervision

Administrative supervision of local governmental entities shall consist of verifying the execution of law by local bodies and shall be exercised as provided by law.
Supervisory measures which restrict local autonomy must be presented in advance to the Municipal Assemblies under provisions to be defined by law.
Dissolution of elected autonomous bodies may only occur for serious acts or omissions established by law.

Article 259. Personnel of Local Governmental Entities

Local governmental entities shall have their own personnel, whose lists shall be established by law.
Local officials and agents shall be regulated by their own statutes based on general regulation of public officials.

Article 260. Duties and Organization of Autonomous Local Governmental Entities

The duties and organization of localities, as well as the authority of their bodies shall be regulated by law, respecting the principle of autonomy and decentralization.
Local bodies may delegate to community organizations administrative tasks which do not involve powers of authority.

Article 261. Associations of Local Governmental Entities

To achieve common interests, local governmental entities may constitute associations and federations.

TITLE VII. PUBLIC ADMINISTRATION

Article 262. Fundamental Objective

Public administration, while respecting the Constitution and the law, shall pursue collective interest, conducted under principles of justice, openness, and impartiality.
Public administration, in the pursuit of collective interest, shall respect the legitimate rights and interests of citizens.
Public administration and the process of administrative activity shall be structured and regulated by law, respecting the principles of decentralization.

Article 263. Public Office

Public officials and agents of the State and other public entities shall serve the general interest, defined by the competent bodies of Public Administration as provided by law.
Access to public service and professional development shall be based on the merit and capacity of the candidates, demonstrated as a rule by competitive public examination.
Workers in Public Administration and other agents of the State or other public entities may not be benefitted or jeopardized because of political or partisan choices or by the exercise of their rights established in the Constitution and the law.
The law shall regulate the status of public officials and other agents of the State, incompatibilities, and guarantees of impartiality in the exercise of public responsibilities.

Article 264. Duty of Obedience

Public officials and other agents of the State or other public entities, in the exercise of their duties, owe obedience to their supervisors, as provided by law.
The duty of obedience shall end when carrying out an order or instruction entails the commission of a crime.

Article 265. Responsibility of Civil Servants and Agents

The law shall regulate the civil, criminal, and disciplinary responsibility of public officials and other agents of the State or other public entities for acts or omissions committed in the exercise of their duties, and the provisions under which the State and other public entities shall have the right to recall office holders, public officials, and agents.

Article 266. Policy

The police shall have the duty to defend democratic legitimacy, to guarantee internal security, public tranquillity, and other rights of the citizen.
Police measures must obey principles of legality, necessity, suitability, and proportionality.
The law shall provide for police measures and shall regulate the basic principles of suitability, as well as appropriate statutes.
Police statutes may establish restrictions of the rights provided in Article 272 when necessary to safeguard order and discipline in the police force.

Article 267. Rights and Guarantees of Citizens before the Administration

The citizen, directly or through associations or organizations to which he belongs, shall have the right, as provided by law:
1. To be consulted in administrative processes which concern him;
2. To be informed by the Administration, where necessary, of the progress of these processes where he is directly concerned;
3. To be notified of administrative actions which concern him; these actions must always be substantiated in fact and in law;
4. To appeal, based on illegality, any administrative actions which offend his legitimate rights and interests.
The citizen shall also have the right, as provided by law:
1. To have access to administrative files and records, except those which concern State security and defense, criminal investigation, privacy, as well as matters classified as State secrets, as provided by law;
2. To have access to administrative justice to defend his legitimate rights and interests;
3. To be compensated for damage resulting from the violation of his legitimate rights and interests because of the acts or omissions of public officials and other agents of the State and other public entities in the exercise of their duties.

TITLE VIII. NATIONAL DEFENSE

Article 268. National Defense

National defense shall be at the disposition, integration, and coordinated action of all the moral and material energy and force of the Nation, opposing any form of threat or aggression, with the goal of permanently guaranteeing the unity, sovereignty, territorial integrity, and independence of Cape Verde, the liberty and security of its population, as well as the democratically established constitutional order.

Article 269. Armed Forces

The Armed Forces shall be a permanent regular institution, composed exclusively of Cape Verdian citizens and with a structure based on hierarchy and discipline.
The Armed Forces shall be subordinate and obedient to the appropriate national bodies as provided by the Constitution and the law.
The Armed Forces shall be at the service of the Nation and shall be strictly nonpartisan; while on duty or, if on the permanent list, while active, its members may not be affiliated with any union, party, or political association, or exercise any political or partisan activity of any kind.
The organization of the Armed Forces shall be unified throughout the national territory.

Article 270. Missions of the Armed Forces

The Armed Forces shall have the exclusive responsibility to execute the military component of national defense, to assure the military defense of the Republic against any external threat or aggression.
The Armed Forces, in addition to the provisions of (1), shall carry out the following responsibilities:
1. Execution of declarations of martial law or states of emergency;
2. Supervision of air and maritime defense, particularly with reference to the use of territorial waters and the exclusive economic zone and operations of search and salvage;
3. Cooperation in tasks related to the satisfaction of basic needs and the improvement of living conditions of the population;
4. Participation in the national system of civil protection;
5. Defense of democratic institutions and constitutional order;
6. Fulfillment of other tasks in the public interest.
Intervention of the Armed Forces may only take place when ordered by the appropriate military command, under guidelines of strict obedience to the decisions and instructions of the national bodies, as provided by the Constitution and the law.

Article 271. Military Service

The defense of the Nation shall be the right and duty of all Cape Verdians.
Military service shall be compulsory, as provided by law.
Conscientious objectors and those who are unfit for military service shall perform civic service, as provided by law.
Substitution of civic service for military service may be established by law.

Article 272. Restrictions in the Exercise of Rights

The law may establish restrictions in the exercise of rights of expression, assembly, demonstration, association, and petition, as well as those in respect to civilian employees in the Armed Forces and the electoral status of military personnel in both active and other service, within the strict limits of the demands of military status.

Article 273. Guarantee to Citizens who Participate in Military Service

No one may be jeopardized in his employment, placement, promotion, or benefits because of military or compulsory civic service.

Article 274. Superior Council of National Defense

The Superior Council of National Defense shall be the special consultative body on matters of national defense and the Armed Forces.
The President of the Republic shall preside over the Superior Council of National Defense; the law shall determine the composition of the Council, to include civic and military entities.

TITLE IX. AUXILIARY BODIES

CHAPTER I. THE COUNCIL OF THE REPUBLIC

Article 275. Definition and Composition

The Council of the Republic shall be the consultative body to the President of the Republic.
The following shall be members of the Council of the Republic:
1. The President of the National Assembly;
2. The Prime Minister;
3. The President of the Supreme Court of Justice;
4. The Attorney General of the Republic;
5. The President of the Regional Council;
6. Two citizens chosen by the President of the Republic;
7. Two citizens chosen by the National Assembly;
The citizens referred to in (2) (f) and (g) may not be Deputies, or officials in any national body or local elected body.

Article 276. Term and Office

The term of the members of the Council of the Republic indicated in Article 275 (2) (a) to (e), shall begin with their installation and shall end with the termination of their duties.
The term of the members referred to in Article 275 (2) (f) and (g), shall end, respectively, with the installation of the new President of the Republic and with the termination of the legislative session.

Article 277. Jurisdiction

The Council of the Republic shall have the responsibility of declaring:
1. The dissolution of the National Assembly;
2. The resignation of the Government;
3. The calling of referenda on the national level;
4. The setting of the date for elections of the President of the Republic, Deputies to the National Assembly, and referenda on the national level;
5. The declaration of war and peace;
6. The declaration of martial law or a state of emergency;
7. Treaties which involve restrictions of sovereignty, the participation of the Nation in international organizations of collective or military security;
8. Other serious national questions;
9. Other questions provided in the Constitution.
The Council of the Republic shall also have the following responsibilities:
1. To draw up its by-laws;
2. To advise the President of the Republic at his request.

Article 278. Meetings

The President of the Republic shall call and preside over meetings of the Council of the Republic.
Except in the event of martial law or a state of emergency, the Council of the Republic may only meet with a majority of its members present.
Deliberations of the Council of the Republic shall be by a majority of its members.
By decision of the President of the Republic, members of the Government, the Commander of the Armed Forces, or in his absence or disability the Vice Commander, may participate in meetings of the Council of the Republic, but without the right to vote.
Meetings of the Council of the Republic shall not be public.

Article 279. Effects of Resolutions of the Council of the Republic

Deliberations of the Council of the Republic shall not be binding.

Article 280. Form and Publication of Deliberations

Deliberations of the Council of the Republic shall assume the form of advisory opinions and may be made public only if the action to which they refer will take place.
Advisory opinions must be drawn up in the meeting at which the appropriate deliberation has taken place.
The publication previously referred to must be done simultaneously with the action.

CHAPTER II. THE COUNCIL FOR REGIONAL AFFAIRS

Article 281. Composition

The Council for Regional Affairs shall be composed of two representatives from each island, elected by a college composed of the deputies from the electoral districts corresponding to the island and the members of municipal assemblies of all the municipalities situated on the island.
The term of regional councillors shall be four years.
The law shall regulate the election and status of regional councillors.

Article 282. Jurisdiction

The Council for Regional Affairs shall issue advisory opinions on all questions related to regional development, upon the initiative of any member or at the request of the National Assembly, the President of the Republic, or the Government.
An advisory opinion of the Council for Regional Affairs shall be compulsory on the National Plan for Development, Regional Plans for Development, and private and government bills on localities and local finance.
The law shall regulate the organization, authority, and functioning of the Council for Regional Affairs and may establish other cases in which advisory opinions are compulsory.

TITLE X. FORM AND HIERARCHY OF LAWS

CHAPTER I. ACTS OF THE PRESIDENT OF THE REPUBLIC

Article 283. Presidential Decrees

Laws of the President of the Republic shall take the form of presidential decrees; under the provisions of the Constitution, they may not take any other form.

CHAPTER II. THE FORM OF LEGISLATIVE AND NORMATIVE ACTS

Article 284. Legislative Acts

Laws of the National Assembly shall be constitutional laws, organic laws, basic laws, laws, and by-laws.
They shall take the form of:
1. Constitutional Laws: laws which approve or alter the Constitution;
2. Organic Laws: the laws provided for in Article 187 (1) (c), (e), (f), (g), (h), and (i);
3. Basic Laws: the laws provided for in Article 187 (2) and Article 188 (e), (g), (l) and (m);
4. Laws: the other laws of Article 187 (1) and Article 188, and also the laws provided for in Article 186 (c);
5. By-laws: the regulatory laws on the organization and functioning of the National Assembly.
Basic laws may not authorize their own modification, nor set forth retroactive guidelines.
Legislative acts of the National Assembly, except for by-laws, must be signed by the President of the National Assembly after promulgation by the President of the Republic, or they are null and void.

Article 285. Legislative Acts of the Government

Legislative acts of the Government shall be decrees, legislative decrees, and decree laws.
They shall take the form of:
1. Decrees: laws of the Government approving International Treaties and Agreements;
2. Legislative decrees: Government acts based on the law of legislative authorization;
3. Decree-laws: other legislative acts of the Government.
Legislative acts of the Government must be signed by the Prime Minister and by the responsible Minister by reason of the subject matter.

Article 286. Limitations on Legislative Acts

No law may create other categories of legislative acts or attribute power to interpret or integrate laws, or to modify, suspend or revoke any legislative act.

Article 287. Regulations

Laws which regulate the functioning of the Council of the Republic, the Council for Regional Affairs, and the Municipal Assemblies shall take the form of by-laws.

Article 288. Regulation

They shall take the form of:
1. Decrees regulating standards acts of the Government by the Council of Ministers and all others which by law take such a form;
2. Regulation of practical standards acts, including terms of laws covering members of the Government or any administrative authority in the exercise of their administrative functions;
Regulatory decrees shall be signed by the Prime Minister and by the responsible Minister by reason of the subject matter.
Regulatory decrees and other regulations must indicate the law that they intend to regulate or of which they define the objective or subjective responsibility.

CHAPTER III. RESOLUTIONS AND MOTIONS

Article 289. Resolutions of the National Assembly and of the Government

Acts of the National Assembly and the Government which are not indicated in Articles 284, 285 and 288 shall take the form of resolutions.
Resolutions of national bodies must be promulgated.

Article 290. Motions

Acts of the National Assembly provided for in Article 191 (3) (a) and (b) shall take the form of motions.

CHAPTER IV. HIERARCHY AND PUBLICATION

Article 291. Hierarchy of Laws

Laws and decree-laws shall have equal weight, without jeopardizing the greater weight of organic and basic laws and the subordination of legislative decrees and those that develop the general bases of the judicial regime.

Article 292. Publication

The following must be published in the Official Journal of the Republic of Cape Verde under penalty of being null and void:
1. Legislative acts of the National Assembly and the Government;
2. Regulations of the Council of the Republic and the Council for Regional Affairs;
3. Presidential decrees;
4. International conventions and their respective advisory opinions of ratification, as well as other advisory opinions;
5. Resolutions of the National Assembly and the Government;
6. Decisions of the Supreme Court of Justice which deal with constitutionality or illegality or which have general application;
7. Regulations of direct and indirect Public Administration and local authorities;
8. Results of elections and referenda at the national level;
9. Administrative acts of foreign application;
10. In general, any act of generic content by national or local bodies.
Other acts not provided for in the preceding paragraph shall be published in the form established by law, which shall determine the consequences of failure to publish.