The election of members to the Council of State, which has seen up to five competing lists in the past, has traditionally occurred within the first two months of the legislative term. The most expedited process took place in 1983, concluding in 15 days, whereas the longest spanned just over three months during the 1995 legislative term.
Since its establishment following the constitutional revision in 1982, there have been fifteen elections for this political advisory body to the President of the Republic. Only from 2005 onward has there been a single list negotiated between two or more parties, a scenario that repeated itself four more times—in 2009, 2011, 2019, and 2024.
The list presented last year was a collaboration among the three largest parties, with two mandates allotted to the PSD, two to the PS, and one to Chega.
In 1982 and 1983, four lists were in contention, while 1985 saw five, and 1987 had three. The four subsequent terms from 1991 to 2002 also featured two competing lists, a pattern repeated in 2015 and 2022. These elections utilize the d’Hondt method for distributing the five seats.
According to the Constitution, the Council of State includes among its members “five citizens elected by the Assembly of the Republic, in line with the principle of proportional representation, for the duration of the legislative term.”
Members elected by parliament retain their roles until their successors are inaugurated, just as the five appointed by the President of the Republic do.
The current legislative session began on June 3, following the early elections on May 18. The PSD holds 89 deputies, Chega 60, PS 58, IL nine, Livre six, PCP three, CDS-PP two, and BE, PAN, and JPP one each.
Assuming full participation in the Council of State election, the PSD is poised to secure two of the five seats, with Chega and PS each obtaining one. The allocation of the fifth seat remains uncertain, contingent upon the number of competing lists and potential alliances or endorsements from other parties, with outcomes possibly hinging on one or two votes.
The election is slated for December 19, with nominations open until December 12, as announced by the president of the Assembly of the Republic, José Pedro Aguiar-Branco, following a leaders’ conference meeting.
Presided over by the President of the Republic, the Council of State also includes ex-officio members such as the President of the Assembly of the Republic, Prime Minister, President of the Constitutional Court, Ombudsman, regional government presidents, and former presidents of the Republic.
It also comprises five citizens appointed by the head of state, serving for the duration of their mandate, alongside the five elected by the Assembly of the Republic in each legislative term.
The Council of State is tasked with advising on the dissolution of the Assembly of the Republic and regional legislative assemblies, declarations of war and peace accords, and government dismissals—permissible only when deemed necessary for maintaining democratic institutional functionality. The President of the Republic consults the Council of State for guidance on exercising presidential duties when requested.
