Timor-Leste 2002 Constitution - Page 4 of 8

Table of Contents

PART III. ORGANIZATION OF POLITICAL POWER

TITLE I. GENERAL PRINCIPLES

Article 62. Source and Exercise of Political Power

Political power emanates from the people and is exercised in accordance with the terms of the Constitution.

Article 63. Participation by Citizens in Political Life

Direct and active participation by men and women in political life constitutes a requirement of, and a fundamental instrument for, the democratic system.
The law promotes equality in the exercise of civil and political rights and nondiscrimination on the basis of gender for access to political positions.

Article 64. Principle of Renewal

No one shall hold any political office for life, or for indeterminate periods of time.

Article 65. Elections

Elected organs of sovereignty and of local government shall be chosen by free, direct, secret, personal and regular universal suffrage.
Registration of voters is compulsory and officially initiated, single and universal, to be updated for each election.
Electoral campaigns shall be conducted in accordance with the following principles:
1. freedom to canvass (liberdade de propaganta eleitoral);
2. equality of opportunity and of treatment for all candidacies;
3. impartiality towards candidacies on the part of public entities;
4. transparency and supervision of electoral expenditures.
Conversion of the votes into mandates shall observe the principle of proportional representation.
The electoral process is regulated by law.
The supervision of voters’ registration and electoral acts shall be incumbent upon an independent organ, whose competences, composition, organization and functioning shall be established by law.

Article 66. Referendum

Voters who are registered in the national territory may be called upon to express their opinions in a referendum on issues of relevant national interest.
A referendum is called by the President of the Republic, following a proposal by one- third, and deliberation approved by a two-thirds majority, of the Members of the National Parliament, or following a well-founded proposal by the Government.
Matters falling under the exclusive competence of the Parliament, the Government and the Courts as defined by the Constitution cannot be the subject of a referendum.
A referendum shall only be binding where the number of voters is higher than half of the registered electors.
The process of a referendum is defined by law.

Article 67. Organs of Sovereignty

The organs of sovereignty shall comprise the President of the Republic, the National Parliament, the Government and the Courts.

Article 68. Incompatibilities

The holding of the offices of President of the Republic, Speaker of the National Parliament, President of the Supreme Court of Justice, President of the High Administrative, Tax and Audit Court, Prosecutor-General and member of Government are incompatible with one another.
The law shall define other incompatibilities.

Article 69. Principle of Separation of Powers

The organs of sovereignty, in their reciprocal relationship and exercise of their functions, shall observe the principle of separation and interdependence of powers established in the Constitution.

Article 70. Political Parties and the Right of Opposition

Political parties shall participate in organs of political power in accordance with their democratic representation based on direct and universal suffrage.
The right of political parties to democratic opposition, as well as the right to be informed regularly and directly on the progress of the main issues of public interest, shall be recognized.

Article 71. Administrative Organization

The central government shall be represented at the different administrative levels of the country.
Oetcussi Ambeno is governed by a special administrative policy and economic regime.
Ataúra enjoys an appropriate economic status.
The political and administrative organization of the territory of the Democratic Republic of East Timor is defined by law.

Article 72. Local Government

Local government is constituted by corporate bodies endowed with representative organs, with the objective of organizing the participation by citizens in solving the problems of their own community and promoting local development without prejudice to the participation by the State.
The organization, competence, functioning and composition of the organs of local government shall be defined by law.

Article 73. Publication of Acts

The normative acts shall be published by the organs of sovereignty in the official gazette.
Failure to publish any of the legislation referred to in number 1 above or decisions of a general nature taken by the organs of sovereignty or local government render them null and void.
The form of publication of other acts and decisions, and the consequences of the failure to do so, shall be determined by law.

TITLE II. PRESIDENT OF THE REPUBLIC

Chapter One. STATUS, ELECTION AND APPOINTMENT

Article 74. Definition

The President of the Republic is the Head of State and the symbol and guarantor of national independence and unity of the State and of the regular functioning of democratic institutions.
The President of the Republic is the Supreme Commander of the Armed Forces.

Article 75. Eligibility

To qualify as presidential candidates, East Timorese citizens must meet cumulatively the following requirements:
1. original citizenship;
2. at least 35 (thirty-five) years of age;
3. to be in possession of his or her full faculties;
4. to be proposed by a minimum of five thousand voters.
The President of the Republic has a term of office of five years and shall cease functioning with the swearing-in of the new President-elect.
The President of the Republic’s term of office may be renewed only once.

Article 76. Election

The President of the Republic is elected by universal, free, direct, secret and personal suffrage.
The election of the President of the Republic shall be conducted through the system based on the majority of validly expressed votes, excluding blank votes.
If no candidate obtains more than half of the votes, a second round shall take place on the thirtieth day following the first voting.
Only the two candidates obtaining the highest number of votes shall be eligible to stand in a run-off election, provided they have not withdrawn their candidacies.

Article 77. Inauguration and Swearing-In

The President of the Republic shall be sworn in by the Speaker of the National Parliament and shall be inaugurated in public ceremony before the members of the National Parliament and the representatives of the other organs of sovereignty.
The inauguration shall take place on the last day of the term of office of the outgoing President or, in case of election due to a vacancy, on the eighth day following the publication of the electoral results.
At the swearing-in ceremony, the President of the Republic shall take the following oath:I swear to God, to the people and on my honor that I will fulfill with loyalty the functions that have been invested in me, will abide by and enforce the Constitution and the laws and will dedicate all my energies and capacities to the defense and consolidation of independence and national unity.”

Article 78. Incompatibilities

The President of the Republic cannot hold any other political position or public office at the national level, and under no circumstances undertake private assignments.

Article 79. Criminal Responsibility and Constitutional Obligations

The President of the Republic enjoys immunity in the exercise of his or her functions.
The President of the Republic is responsible before the Supreme Court of Justice for crimes committed in the exercise of his or her functions and for clear and serious violation of constitutional obligations.
It is the incumbent upon the National Parliament to initiate the criminal proceedings, following a proposal made by one-fifth, and deliberation approved by a two-third majority, of its Members.
The Plenary of the Supreme Court of Justice shall issue a judgment within a maximum of 30 days.
Conviction shall result in forfeiture of office and disqualification from re-election.
For crimes not committed in the exercise of his or her functions, the President of the Republic shall also be answerable before the Supreme Court of Justice, and forfeiture of office shall only occur in case of sentence to prison.
In the cases provided for under the previous number, immunity shall be withdrawn at the initiative of the National Parliament in accordance with provisions of number 3 of this Article.

Article 80. Absence

The President of the Republic cannot be absent from the national territory without the previous consent of the National Parliament or of its Standing Committee, if Parliament is in recess.
Failure to observe provision of number 1 of the present Article shall imply forfeiture of the office, as provided for by the previous Article.
The President of the Republic’s private visits not exceeding fifteen days shall not require the consent of the National Parliament. Nonetheless, the President of the Republic should notify the National Parliament of such visits in advance.

Article 81. Resignation from Office

The President of the Republic may resign from office by a message addressed to the National Parliament.
Resignation shall take effect once the message is made known to the National Parliament without prejudice to its subsequent publication in the official gazette.
If the President of the Republic resigns from office, he or she cannot be eligible to stand for presidential elections immediately after resignation nor in the regular elections to be held after five years.

Article 82. Death, Resignation or Permanent Incapacity

In case of death, resignation or permanent incapacity of the President of the Republic, his or her functions shall be taken over on an interim basis by the President of the National Parliament, who shall be sworn in by the President of the National Parliament before the Members of the National Parliament and representatives of the organs of sovereignty.
Permanent incapacity shall be declared by the Supreme Court of Justice, which shall also have the responsibility to confirm the death of the President of the Republic and the vacancy of office resulting therefrom.
The election of a new President of the Republic in case of death, resignation or permanent incapacity should take place within the subsequent ninety days, after certification or declaration of death, resignation or permanent incapacity.
The President of the Republic shall be elected for a new term of office.
In case of refusal by the President-elected to take office or in case of his or her death or permanent incapacity, the provisions of this Article shall apply.

Article 83. Exceptional Cases

When death, resignation or permanent incapacity occur at the imminence of exceptional situations of war or prolonged emergency, or of an insurmountable difficulty of a technical or material nature, to be defined by law, preventing the holding of a presidential election by universal suffrage as provided for by Article 76, the new President of the Republic shall be elected by the National Parliament from among its members within the ninety subsequent days.
In the cases referred to in the previous number, the President-elect shall serve for the remainder of the interrupted term and he or she may run in the new election.

Article 84. Replacement and Interim Office

During temporary impediment of the President of the Republic, the presidential functions shall be taken over by the President of National Parliament or, in case of impediment of the latter, by his or her replacement.
The parliamentary mandate of the President of the National Parliament or of his or her replacement shall be automatically suspended over the period of time in which he or she holds the office of President of the Republic on an interim basis.
The parliamentary functions of the replacing or interim President of the Republic shall be temporarily taken over in accordance with the Rules of Procedures of the National Parliament.

Chapter Two. COMPETENCES

Article 85. Competences

It is exclusively incumbent upon the President of the Republic:

to promulgate statutes and order the publication of resolutions by the National Parliament approving agreements and ratifying international treaties and conventions;
exercise competences inherent in the functions of Supreme Commander of the Defense Force;
to exercise the right of veto regarding any statutes within 30 days from the date of their receipt;
to appoint and swear in the Prime Minister designated by the party or alliance parties with parliamentary majority after consultation with the political parties sitting in the National Parliament;
to request the Supreme Court of Justice to undertake a preventive appraisal and abstract review of the constitutionality of the rules, as well as verification of unconstitutionality by omission;
to submit relevant issues of national interest to a referendum provided in Article 66;
to declare the state of siege or a state of emergency following authorization by the National Parliament, after consultation with the Council of State, the government and the Supreme Council of Defense and Security;
to declare war and make peace following a Government proposal, after consultation with the Council of State and the Supreme Council of Defense and Security, under authorization of the National Parliament;
to grant pardons and commute sentences after consultation with the Government;
to award honorary titles, decorations and merits in accordance with the law.

Article 86. Competences with Regard to Other Organs

It is incumbent upon the President of the Republic, with regard to other organs:

to chair the Supreme Council of Defense and Security;
to chair the Council of State;
to set dates for elections of the President and the National Parliament in accordance with the law;
to request the convening of extraordinary sessions of the National Parliament, whenever imperative reasons of national interest justify it;
to address messages to the National Parliament and the country;
to dissolve the National Parliament in case of a serious institutional crisis preventing the formation of a government or the approval of the State Budget and lasting more than sixty days, after consultation with political parties sitting in the Parliament and with the Council of State, on pain of rendering the act of dissolution null and void, taking into consideration provisions of Article 100;
to dismiss the Government and remove the Prime Minister from office after the National Parliament has rejected his or her program for two consecutive times;
to appoint, swear in and remove Government Members from office, following a proposal by the Prime Minister, in accordance with number 2, Article 106;
to appoint two members of the Supreme Council of Defense and Security;
to appoint the President of the Supreme Court of Justice and swear in the President of the High Administrative Court, the Tax Court and the Court of Accounts;
to appoint the Prosecutor-General for a term of four years;
to appoint and dismiss the Deputy Prosecutor-General in accordance with number 6, Article 133;
to appoint and dismiss, following proposal by the Government, the General Chief of Staff of the Defense Force, the Deputy General Chief of Staff of the Defense Force, and the Chiefs of Staff of the Defense Force, after consultation with the General Chief of Staff regarding the latter two cases;
to appoint five Members for the Council of State;
to appoint one member for the Superior Council of the Judiciary and for the Superior Council for the Public Prosecution.

Article 87. Competences with Regard to International Relations

It is incumbent upon the President of the Republic, in the field of international relations:

to declare war in case of actual or imminent aggression and to make peace, following proposal by the Government, after consultation with the Supreme Council for Defense and Security and following authorization of the National Parliament or of its Standing Committee;
to appoint and dismiss ambassadors, permanent representatives and special envoys, following proposal by the Government;
to receive credential letters of accreditation and accredit foreign diplomatic representatives;
conduct, in consultation with the Government, any process of negotiation towards the completion of international agreements in the field of defense and security.

Article 88. Promulgation and Veto

Within thirty days after receiving any draft law from the National Parliament for the purpose of its promulgation as law, the President of the Republic shall either promulgate the law or exercise the right of veto, based on substantive grounds, send a message to the National Parliament requesting a new appraisal of the statute.
If, within ninety days, the National Parliament confirms its vote by an absolute majority of its Members in full exercise of their functions, the President of the Republic shall promulgate the law within eight days after receiving it.
However, a majority of two-thirds of the Members present shall be required to ratify laws on matters provided for in Article 95 when that majority exceeds an absolute majority of the Members in full exercise of their functions.
Within forty days after receiving any draft law from the Government for the purpose of its promulgation as law, the President of the Republic shall either promulgate it or exercise the right of veto by way of a written communication to the Government containing the reasons for the veto.

Article 89. Powers of an Interim President of the Republic

An interim President of the Republic cannot exercise the powers specified in letters f, g, h, i, j, k, l, m, n and o of Article 86.

Chapter Three. COUNCIL OF STATE

Article 90. Council of State

The Council of State is the political consultative organ of the President of the Republic who presides over it.
The Council of State comprises:
1. former Presidents of the Republic who were not removed from office;
2. the President of the National Parliament;
3. the Prime Minister;
4. five citizens elected by the National Parliament in accordance with the principle of proportional representation and for the period corresponding to the legislative term, provided that they are not members of the organs of sovereignty;
5. five citizens designated by the President of the Republic for the period corresponding to the term of office of the President, provided that they are not members of the organs of sovereignty.

Article 91. Competence, Organization and Functioning of the Council of State

It is incumbent upon the Council of State:
1. express its opinion on the dissolution of the National Parliament;
2. express its opinion on the dismissal of the Government;
3. express its opinion on the declaration of war and the making of peace;
4. express its opinion on any other cases set out in the Constitution and advise the President of the Republic in the exercise of his or her functions, when requested by the President;
5. to draft its Rules of Procedure.
The meetings of the Council of State shall not be open to the public.
The law defines the organization and functioning of the Council of State.

TITLE III. NATIONAL PARLIAMENT

Chapter One. STATUS AND ELECTION

Article 92. Definition

The National Parliament is organ of sovereignty of the Democratic Republic of East Timor that represents all Timorese citizens with legislative supervisory and political decision making powers.

Article 93. Election and Composition

The National Parliament is elected by universal, free, direct, equal, secret and personal suffrage.
The National Parliament is constituted by a minimum of fifty-two and a maximum of sixty-five Members.
The law establishes the rules relating to constituencies, eligibility conditions, nominations and electoral procedures.
Members of the National Parliament have a term of office of five years.

Article 94. Immunities

The Members are not responsible for civil, criminal or disciplinary matters in regard to votes and opinions expressed by them while performing their functions.
Parliamentary immunities may be withdrawn in accordance with the Rules of Procedure of the National Parliament.

Chapter Two. COMPETENCE

Article 95. Competence of the National Parliament

It is incumbent upon the National Parliament to make laws on basic issues of the country’s domestic and foreign policy.
It is exclusively incumbent upon the National Parliament to make laws on:
1. the borders of the Democratic Republic of East Timor, in accordance with Article 4;
2. the limits of territorial waters, of the exclusive economic zone and of the rights of East Timor to the adjacent area and the continental shelf;
3. national symbols, in accordance with number 2 of Article 14;
4. citizenship;
5. rights, freedoms and guarantees;
6. the status and capacity of people, family law and inheritance law;
7. territorial division;
8. the electoral law and the referendum system;
9. political parties and associations;
10. the status of Members (of the National Parliament);
11. the status of office holders in the organs of State;
12. the bases for the education system;
13. the bases for the social security system, and health;
14. the suspension of constitutional guarantees and the declaration of the state of siege and the state of emergency;
15. the policy of defense and security;
16. the tax policy;
17. the budget system.
It is also incumbent upon (the National Parliament):
1. to ratify the appointment of the President of the Supreme Court of Justice and of the High Administrative, Tax and Audit Court;
2. to deliberate on progress reports by the Government;
3. to elect one member for the Superior Council for the Judiciary and the Superior Council for the Public Prosecution;
4. to deliberate on the State Plan and Budget and its execution report;
5. to monitor the execution of the State budget;
6. to approve and renounce agreements and to ratify treaties and international conventions;
7. to grant amnesty;
8. to give consent to trips by the President of the Republic on State visits;
9. to improve revisions of the Constitution by a majority of two-thirds of the Members of Parliament;
10. to authorize and confirm
11. to propose to the President of the Republic the submission to referendum of issues of national interest.
It is also incumbent upon the National Parliament:
1. to elect its Speaker and other members of the Chair;
2. to elect five members for the Council of State;
3. to prepare and approve its Rules of Procedure;
4. to set up the Standing Committee and establish the other parliamentary Committees.

Article 96. Legislative Authorization

The National Parliament may authorize the government to make laws concerning the following matters:
1. definition of crimes, sentences, security measures and respective prerequisites;
2. definition of civil and criminal procedure;
3. organization of the Judiciary and status of magistrates;
4. general rules and regulations for the public service, the status of the civil servants and the responsibility of the State;
5. general bases for the organization of public administration;
6. monetary system;
7. banking and financial system;
8. definition of the bases for a policy of protection of the environment and sustainable development;
9. general rules and regulations for radio and television broadcasting and other mass media communication;
10. military or civic service;
11. general rules and regulations for the requisition and expropriation for public utility;
12. means and ways of intervention, expropriation, nationalization and privatization of means of production and soils on grounds of public interest, as well as criteria for the establishment of compensation in such cases.
Laws on legislative authorization shall define the subject, sense, scope and duration of the authorization, which may be renewed.
Laws on legislative authorization cannot be used more than once and shall lapse with the dismissal of the Government, with the end of the legislative term or with the dissolution of the National Parliament.

Article 97. Legislative Initiative

The power to initiate laws belongs to:
1. The Members (of Parliament);
2. The Parliamentary Groups;
3. The Government.
There cannot be any presentation of bills, draft legislation or amendments involving, in any given fiscal year, any increase in State expenditure or any reduction in State revenues provided for in the Budget or Rectifying Budgets.
Bills and draft legislation that have been rejected cannot be re-introduced in the same legislative session in which they have been presented.
Bills and draft legislation that have not been voted on shall not need to be reintroduced in the ensuing legislative session, except in case of end of the legislative term.
Draft legislation shall lapse with the dismissal of the Government.

Article 98. Parliamentary Appraisal of Legislative Acts

The legislative acts other than those approved under the exclusive legislative powers of the Government may be submitted to the National Parliament for appraisal, for purposes of terminating their validity or for amendment, following a petition of one-fifth of the Members of Parliament and within thirty days following their publication, excluding the days when he functioning of the National Parliament is suspended.
The National Parliament may suspend, in part or in full, the force of a law until it is appraised.
The suspension shall lapse after the National Parliament has held 10 plenary meetings without taking a final decision.
If the termination of validity is approved, the law shall cease to be in force from the date of the publication of the resolution in the Official Gazette, and it shall not be published again in the same legislative session.
The process shall lapse if, after a statute has been submitted for appraisal, the National Parliament takes no decision on it, or, having decided to make amendments, it does not approve a law to that effect before the corresponding legislative session ends, provided fifteen plenary meetings have been held.

Chapter Three. ORGANIZATION AND FUNCTIONING

Article 99. Legislative Term

The legislative term comprises five legislative sessions, and each legislative session shall have the duration of one year.
The regular period of functioning of the National Parliament is defined by the Rules of Procedure.
The National Parliament convenes on a regular basis following notice by its President.
The National Parliament convenes on an extraordinary basis whenever so decided by the Standing Committee, at the request of one-third of Members or following notice of the President of the Republic with a view to addressing specific issues.
In case of dissolution, the elected National Parliament shall commence a new legislative term, the length of which shall be increased by the time needed to complete the legislative session in progress at the date of the election.

Article 100. Dissolution

The National Parliament shall not be dissolved during the six months immediately following its election, during the last half-year of the term of office of the President of the Republic or during a state of siege or a state of emergency, on pain of rendering the act of dissolution null and void (inexistêncía jurdica).
The dissolution of the National Parliament does not affect the continuance of the mandates of its Members until the first meeting of the National Parliament after the ensuing election.

Article 101. Attendance by Members of the Government

The Members of the Government have the right to attend plenary sessions of the National Parliament and may take the floor as provided for in the rules of procedures.
Sittings shall be scheduled at which members of the Government shall be present to answer questions from Members of Parliament in accordance with the Rules of Procedure.
The National Parliament or its Committees may request members of the Governments to take part in their proceedings.

Chapter Four. STANDING COMMITTEE

Article 102. Standing Committee

The Standing Committee shall sit when the National Parliament is dissolved or in recession and in the other cases provided for in the Constitution;
The Standing Committee shall be presided over by the President of the National Parliament and shall be comprised of Vice-Presidents and Parliament Members designated by the parties sitting in the Parliament in accordance with their respective representation.
It is incumbent upon the Standing Committee:
1. to follow-up the activities of the Government and the Administration;
2. to co-ordinate the activities of the Committees of the National Parliament;
3. to take steps for the convening of Parliament whenever deemed necessary;
4. to prepare and organize sessions of the National Parliament;
5. to give its consent regarding trips by the President of the Republic in accordance with Article 80;
6. to direct relations between the National Parliament and similar parliaments and institutions of other countries;
7. to authorize the declaration of the state of siege or the state of emergency.

TITLE IV. GOVERNMENT

Chapter One. DEFINITION AND STRUCTURE

Article 103. Definition

The Government is the organ of sovereignty responsible for conducting and executing the general policy of the country and is the supreme organ of Public Administration.

Article 104. Composition

The Government is constituted by the Prime Minister, the Ministers and the Secretaries of State.
The Government may include one or more Deputy Prime Ministers and Deputy Ministers.
The number, titles and competences of ministries and secretariats of State shall be defined in a legislative act by the Government.

Article 105. Council of Ministers

The Council of Ministers is constituted by the Prime Minister, the Deputy Prime Ministers, if any, and the Ministers.
The Council of Ministers shall be convened and chaired by the Prime Minister.
The Deputy Ministers, if any, and the Secretaries of State may be summoned to attend meetings of the Council of Ministers, without a right to vote.

Chapter Two. FORMATION AND RESPONSIBILITY

Article 106. Appointment

The Prime Minister shall be designated by the political party or alliance of political parties with parliamentary majority and shall be appointed by the President of the Republic, after consultation with the political parties sitting in the National Parliament.
The remaining members of the Government shall be appointed by the President of the Republic on the proposal by the Prime Minister.

Article 107. Responsibility of the Government

The Government shall be accountable to the President of the Republic and to the National Parliament for conducting and executing the domestic and foreign policy in accordance with the Constitution and the law.

Article 108. The Program of the Government

Once appointed, the Government must develop its program, which shall include the objectives and tasks proposed, the actions to be taken and the main political guidelines to be followed in the fields of government activity.
Once approved by the Council of Ministers, the Prime Minister shall, within a maximum of thirty days after appointment of the Government, submit the Program of Government to the National Parliament for consideration.

Article 109. Consideration of the Program of Government

The Program of the Government shall be submitted to the National Parliament for consideration. When the National Parliament is not in session, its convening for this purpose shall be mandatory.
The debate on the program of the Government shall not exceed five days and, prior to its closing, any parliamentary group may propose its rejection or the Government may request the approval of a vote of confidence.
Rejection of the program of the Government shall require an absolute majority of the Members in full exercise of their functions.

Article 110. Request for Vote of Confidence

The Government may request the National Parliament to take a vote of confidence on a statement of general policy or on any relevant matter of national interest.

Article 111. Vote of No Confidence (Censura)

The National Parliament may, following proposal by one-quarter of the Members in full exercise of their functions, pass a vote of no confidence on the Government with respect to the implementation of its program or any relevant matter of national interest.
When a vote of no confidence is not approved, its signatories shall not move another vote of no confidence (censura) during the same legislative session.

Article 112. Dismissal of the Government

The dismissal of the Government shall occur when:
1. at the beginning of a new legislative;
2. by the acceptance by the President of the Republic of the resignation of the Prime Minister;
3. by the death of the Prime Minister or by suffering a permanent physical incapacity;
4. by the rejection of its program for the second consecutive time;
5. by the non-approval of a vote of confidence;
6. by the approval of a vote of no confidence by an absolute majority of the Members in full exercise of their functions;
The President of the Republic can only dismiss the Prime Minister in accordance with the cases provided for in the previous number and when it is deemed necessary to ensure the regular functioning of the democratic institutions, after consultation with the Council of State.

Article 113. Criminal Responsibility of the Members of Government

When a member of the Government is charged with a criminal offence punishable with a sentence of imprisonment for more than two years, he or she shall be suspended from his or her functions so that the proceedings can go forward.
When a member of the government is charged with a criminal offence punishable with a sentence of imprisonment for a maximum of two years, he or she shall be suspended from his or her functions so that the proceedings can go forward.

Article 114. Immunities of Members of the Government

No member of the Government may be detained or imprisoned without the permission of the National Parliament, except for a felonious crime punishable with a maximum sentence of imprisonment for more than two years and in flagrante delicto.

Chapter Three. COMPETENCES

Article 115. Competence of the Government

It is incumbent upon the Government:
1. to define and implement the general policy of the country, after its approval by the National Parliament;
2. to guarantee the exercise of the fundamental rights and freedoms of the citizens;
3. to ensure public order and social discipline;
4. to prepare the State Plan and the State Budget and to execute them after their approval by the National Parliament;
5. to regulate economic and social sector activities;
6. to prepare and negotiate treaties and enter into, approve, accede and renounce international agreements which do not fall within the competence of the National parliament or of the President of the Republic;
7. to define and implement the foreign policy of the country;
8. to ensure the representation of the Democratic Republic of East Timor in international relations;
9. to direct the social and economic sectors of the State;
10. to direct the labor and social security policy;
11. to guarantee the defense and consolidation of the public domain and the property of the State;
12. to direct and co-ordinate the activities of the ministries as well as the activities of the remaining institutions subordinate to the Council of Ministers;
13. to promote the development of the co-operative sector and the support for household production;
14. to support private enterprise initiatives;
15. to take actions and make all the arrangements necessary to promote economic and social development and to satisfy the needs of the Timorese people;
16. to exercise any other competencies as provided for by the Constitution and the law.
It is also incumbent upon the Government in relation to other organs:
1. to submit bills and draft resolutions to the National Parliament;
2. to propose to the President of the Republic the declaration of war or the making of peace;
3. to propose to the President of the Republic the declaration of the state of siege or the state of emergency;
4. to propose to the President of the Republic the submission to referendum of relevant issues of national interest;
5. to propose to the President of the Republic the appointment of ambassadors, permanent representatives and special envoys;
The Government has exclusive legislative competence on matters concerning its own organization and functioning, as well as on the direct and indirect administration of the State.

Article 116. Competences of the Council of Ministers

It is incumbent upon the Council of Ministers:
1. to define the general guidelines of the government policy, as well as those for its execution;
2. to deliberate on a request for a vote of confidence from the National Parliament;
3. to approve bills and draft resolutions;
4. to approve legislative drafts, as well as international agreements that are not required to be submitted to the National parliament;
5. to approve actions by the Government that involve an augmentation of diminution of public revenues or expenditures;
6. to approve plans.

Article 117. Competences of Members of the Government

It is incumbent upon the Prime Minister:
1. to be the Head of Government;
2. to preside over the Council of Ministers;
3. to direct and guide the general policy of the Government and to co-ordinate the activities of all Ministers, without prejudice to the direct responsibility of each Minister for their respective governmental department;
4. to inform the President of the Republic on matters of domestic and foreign policy of the Government;
5. to perform other duties attributed to it by the Constitution and the law.
It is incumbent upon the Ministers:
1. to implement the policy defined for their respective Ministries;
2. to ensure the relations between the Government and the other organs of the State in the area of responsibility of their respective Ministries.
Government bills must be signed by the Prime Minister and the competent Ministers in their respective subject matter.

TITLE V. COURTS

Chapter One. COURTS AND THE JUDICIARY (Tribunais e Magistratura Judicial)

Article 118. Jurisdictional Function

The courts are organs of sovereignty with competences to administer justice in the name of the people.
In exercising their functions, the courts have the right to the assistance of other authorities.
The courts decisions shall be binding and shall prevail over the decisions of any other authorities.

Article 119. Independence

The courts are independent and subject only to the Constitution and to the law.

Article 120. Review of Unconstitutionality

The courts shall not apply rules that contravene the Constitution or the principles contained therein.

Article 121. Judges

Jurisdiction rests exclusively with the judges invested in accordance with the law.
In exercising their functions, the judges are independent and owe obedience only to the Constitution, to the law and to their conscience.
Judges shall be irremovable, may not be suspended, transferred, retired or removed from office except as provided for by law.
The law shall regulate the judicial organization and the status of the judicial magistrates.

Article 122. Exclusiveness

Judges in office may not perform any other public or private functions, except teaching or legal research, in accordance with the law.

Article 123. Categories of Courts

In the Democratic Republic of East Timor, there shall be the following categories of courts:
1. the Supreme Court of Justice and other courts of law;
2. the High Administrative, Tax and Audit Court and other administrative courts of first instance;
3. Military Courts.
Courts of exception shall be prohibited and there shall be no special courts to judge certain categories of criminal offence.
There may be Maritime Courts and Arbitration Courts.
The law shall determine the establishment, organization and the functioning of the courts referred to in the preceding numbers.
The law may institutionalize means and forum of the non-jurisdictional resolution of disputes.

Article 124. Supreme Court of Justice

The Supreme Court of Justice is the highest court of law and the guarantor of a uniform enforcement of the law, and has jurisdiction in the entire national territory.
It is also incumbent on the Supreme Court of Justice to administer justice on matters of juridical, constitutional and electoral nature.
The President of the Supreme Court of Justice is appointed by the President of the Republic from among the judges of the Supreme Court of Justice for a term of office of four years.

Article 125. Functioning and Composition

The Supreme Court of Justice functions:
1. in sections, as a court of first instance, in the cases provided for in the law;
2. in plenary, as a court of second and single instance, in the cases expressly provided for in the law.
The Supreme Court of Justice is composed of career judges, magistrates of the Public Prosecution or jurists of recognized merit in number to be established by law, as follows:
1. one elected by the National Parliament;
2. and all the others designated by the Superior Council for the Judiciary (Magistratura Judicial).

Article 126. Constitutional and Electoral Competence

It is incumbent upon the Supreme Court of Justice, in the domain of juridico-constitutional questions:
1. to review and declare the unconstitutionality and illegality of normative and legislative bills by the organs of the State;
2. to provide an anticipatory verification of the legality and constitutionality of the bills and referenda;
3. to verify cases of unconstitutionality by commission;
4. to verify cases of unconstitutionality by omission;
5. to verify the legality of the establishment of political parties and their coalitions and order their registration or dissolution, in accordance with the Constitution and the law;
6. to exercise all other competences provided for by the Constitution or the law.
In the specific field of elections, it is incumbent upon the supreme Court of Justice:
1. to verify the legal requirements for candidates for the office of President of the Republic;
2. to certify at last instance the regularity and validity of the acts of the electoral process, in accordance with the respective law;
3. to validate and proclaim the results of the electoral process.

Article 127. Eligibility

Only career judges or magistrates of the Public Prosecution or jurists of recognized merit of East Timorese nationality may become members of the Supreme Court of Justice.
In addition to the requirements referred to in the preceding number, the law may define other requirements.

Article 128. Superior Council for the Judiciary

The Superior Council for the judiciary is the organ of conduct and discipline of the judges of the courts and it is incumbent upon it to appoint, assign, transfer and promote the judges.
The Superior Council for the Judiciary is presided over by the President of the supreme Court of Justice and is composed of the following members:
1. one designated by the President of the Republic;
2. one elected by the National Parliament;
3. one designated by the Government;
4. one elected by the judges of the courts of law from among their peers.
The law regulates the competence, organization and functioning of the Superior Council for the Judiciary.

Article 129. High Administrative, Tax and Audit Court

The High Administrative, Tax and Audit Court is the highest body in the hierarchy of the administrative, tax and audit courts, without prejudice to the competence of the Supreme Court of Justice.
The President of the High Administrative, Tax and Audit Court is elected for a term of office of four years from among and by respective judges.
It is incumbent upon the High Administrative, Tax and Audit Court as a single instance to monitor the legality of public expenditure and to audit State accounts.
It is incumbent upon the High Administrative, Tax and Audit court and the administrative and tax courts of first instance:
1. to judge actions aiming at resolving disputes arising from legal, fiscal and administrative relations;
2. to judge contentious appeals against decisions made by State organs, their respective office holders and agents;
3. to exercise all the other functions as attributed by law.

Article 130. Military Courts

It is incumbent upon military courts to judge in first instance crimes of a military nature.
The competence, organization, composition and functioning of military courts shall be established by law.

Article 131. Court Hearings

Court hearings shall be public, unless the court hearing a matter, rules otherwise through a well-founded order to safeguard personal dignity or public morality and national security, or guarantee its own normal operation.

Chapter Two. OFFICE OF PUBLIC PROSECUTORS

Article 132. Functions and Status

Public Prosecutors represent the State, taking criminal action, ensuring the defense of the minors, absentees and the disabled, defending the democratic legality, and promoting the enforcement of the law.
Public Prosecutors constitute a hierarchically organized Magistrature, and be accountable to the Prosecutor-General of the Republic.
In performing their function, Public Prosecutors shall be subject to the criteria of legality, objectivity and impartiality criteria, and obedience to the directives and orders as established by law.
Public Prosecutors shall be governed by their own statute, and shall only be suspended, retired or dismissed under the circumstances provided for in the law.
It is incumbent upon the Office of the Prosecutor-General to appoint, assign, transfer and promote public prosecutors and to exercise disciplinary actions.

Article 133. Office of the Prosecutor-General

The Office of the Prosecutor-General is the highest authority in public prosecution, and its composition and competencies is defined by law.
The Office of the Prosecutor-General is directed by the Prosecutor-General, in whose absence or inability to act, shall be replaced in accordance with the law.
The Prosecutor-General shall be appointed by the President of the Republic for a term of office of six years, in accordance with the terms established by law.
The Prosecutor-General is accountable to the Head of State and shall submit annual reports to the National Parliament.
The Prosecutor-General shall request the Supreme Court of Justice to make a generally binding declaration of unconstitutionality of any law ruled unconstitutional in three concrete cases.
The Deputy Prosecutor-General shall be appointed, dismissed or removed from office by the President of the Republic after consultation with the Superior Council for the Public Prosecution.

Article 134. Superior Council for the Public Prosecution

The Superior Council for the Public Prosecution is an integral part of the office of the Prosecutor-General.
The Superior Council for the Public Prosecution is presided over by the Prosecutor-General and is composed of the following members:
1. one designed by the President of the Republic;
2. one elected by the National Parliament;
3. one designated by the Government;
4. one elected by the magistrates of the Public Prosecution from among their peers.
The law regulates the competence, organization and the functioning of the Superior Council for the Public Prosecution.

Chapter Three. LAWYERS

Article 135. Lawyers

Legal and judicial aid is of social interest, and lawyers and defenders shall be governed by this principle.
The primary role of lawyers and defenders is to contribute to the good administration of justice and the safeguarding of the rights and legitimate interests of the citizens.
The activity of lawyers is regulated by law.

Article 136. Guarantees in the Activity of Lawyers

The State shall, in accordance with the law, guarantee the inviolability of documents related to legal proceedings, no search, seizure, listing or other judicial measures shall be permitted without the presence of the competent magistrate and, whenever possible, of the lawyer concerned.
The lawyers have the right to contact their clients personally with guarantees of confidentiality, especially where the clients are under detention or arrest in military or civil prison centers.

TITLE VI. PUBLIC ADMINISTRATION

Article 137. General Principles of Public Administration

Public Administration shall aim at meeting public interest, in the respect for the legitimate rights and interests of citizens and constitutional institutions.
The Public Administration is structured to prevent excessive bureaucratization, provide more accessible services to the people and to ensure the contributions of individuals interested in its efficient management.
The law establishes the rights and guarantees of the citizens, namely against acts likely to affect their legitimate rights and interests.