Cape Verde 1980 (rev. 1992) Subsequently amended

Article 26. The Right to Life and to Physical and Mental Integrity

1. Inalienable rights, Right to life
   Human life and the physical and moral integrity of persons shall be inviolable.
2. Prohibition of capital punishment, Prohibition of cruel treatment, Prohibition of torture
   No one may be subjected to torture, or to cruel, degrading or inhuman punishment or treatment; and in no case shall there be the death penalty.

Article 27. The Right to Liberty

1. Inalienable rights
   The right to liberty shall be inviolable.
2. Reference to art, Freedom of religion, Freedom of association, Freedom of expression, Freedom of opinion/thought/conscience
   Freedom of thought and expression; association; religion; worship; intellectual, artistic and cultural creation; demonstration; and other liberties consecrated by the Constitution, by laws, and by International Law or convention shall be guaranteed.
3. No one may be forced to declare his ideology, religion, or political or union affiliation.

Article 28. The Right to Liberty and Personal Security

1. Everyone has the right to liberty and security. No one may be deprived partially or totally of his liberty except by virtue of a judicial sentence for acts punishable under law by prison or by the judicial application of security measures.
2. As exceptions to the principle established in the preceding paragraph, there may be deprivation of liberty, for the time necessary for the accomplishment of its purpose, under conditions established by law and in the following cases:
   1. Flagrant offense;
   2. Evidence of a crime whose maximum penalty is imprisonment for a term of more than two years, and insufficient or inadequate means of temporary liberty;
   3. Failure of the accused to meet conditions imposed under temporary liberty;
   4. Detention or imprisonment to assure obedience to a judicial decision or appearance before a competent judicial authority or accomplishment of a judicial act;
   5. Necessity for security, assistance or protection of minors or of adults who by law are treated as such;
   6. Imprisonment or detention of those whose trial for extradition or expulsion is in progress;
   7. Imprisonment of military or police agents with a guarantee of appeal to a competent court under the provisions of the law, after exhausting the hierarchical system.
3. Everyone detained or imprisoned must be informed in clear, comprehensive form of the reasons for his detention or imprisonment, and his constitutional and legal rights, and shall be authorized to contact a lawyer directly or through his family or a person in his confidence.
4. Protection from self-incrimination
   The person detained or imprisoned may not be forced to testify.
5. Right to examine evidence/witnesses, Regulation of evidence collection
   The person detained or imprisoned has the right to have identified those responsible for his detention, imprisonment, or interrogation.
6. The detention or imprisonment of any person, and his precise location, shall be communicated immediately to the family of the detainee or prisoner, or the person whom he indicated, as well as a summary description of the motivating reasons.

Article 29. Preventive Detention

1. Protection from unjustified restraint
   Any person detained or imprisoned without having been found guilty must be presented, within a period of not more than twenty-four hours, to the competent judge who must clearly explain the reasons for detention or imprisonment, inform him of his rights and duties, interrogate him in the presence of the defense lawyer freely chosen by him, give him the opportunity for defense, and furnish a decision to validate the imprisonment or to release the prisoner.
2. Right to pre-trial release
   Preventive detention may not be supported where bail, or other legal means, may be substituted.
3. A judicial decision of validation or release from preventive imprisonment, and the location, must be immediately communicated to the family of the detainee or prisoner, or a person in his confidence whom he indicates.
4. Preventive imprisonment, with or without a finding of guilt, shall be subject to the time limits established by law, and may not exceed 36 months from the date of detention or capture.

Article 30. Application of Criminal Law

1. Criminal and personal responsibility shall not be transferable.
2. Protection from ex post facto laws
   Retroactive application of criminal law shall be prohibited unless the subsequent law is more favorable to the accused.
3. Application of security measures whose provisions are not established by law shall be prohibited.
4. Principle of no punishment without law
   Penalties and security measures may not be applied unless they are expressly stated by law.
5. Principle of no punishment without law, Prohibition of double jeopardy
   No one may be judged more than once for the same crime; no one may be punished with a penalty not expressly provided by law or with a more serious penalty than what was established by law at the time the crime was committed.
6. Security measures and detention based on serious mental illness presenting a danger may be extended by judicial decision while that state lasts and it is not medically possible or advisable to adopt other measures not restrictive of liberty.
7. Customary international law
   The provisions of paragraph 2 shall not prevent punishment, within the limits of internal law, for actions or omissions which, at the time they were committed, were considered criminal according to the principles and norms of International Law.

Article 31. Prohibition of Perpetual or Unlimited Imprisonment

Article 32. Effects of Penalties and Security Measures

Article 33. Principles of Penal Process

1. Presumption of innocence in trials, Right to speedy trial
   Every defendant shall be presumed innocent until found guilty, and judgment must be given in the shortest period of time compatible with guarantees of defense.
2. Right to counsel
   The defendant shall have the right freely to choose his counsel, to assist at all phases of the procedure.
3. Defendants who for economic reasons cannot obtain counsel shall be assured, through the proper agencies, of adequate judicial assistance.
4. Criminal procedure shall be subject to the adversarial principle.
5. Inalienable rights
   The right to a hearing and the right to defense in criminal trials shall be inviolable and shall be assured to every defendant.
6. Regulation of evidence collection
   All evidence obtained by torture; coercion; assault on physical or moral integrity; illegal invasion of correspondence, telephone, domicile, or privacy; or other illicit means, shall be null and void.
7. Right to public trial
   Criminal hearings shall be public except when defense of personal, family, or social privacy establishes the need for exclusion or restriction of publicity.
8. No case may be removed from a court whose jurisdiction was previously established.
9. In disciplinary trials, defendants shall be assured of the right to a hearing and to defense, under conditions established by law.
10. The right to a trial and to defense in civil or disciplinary trials, where the defendants are military or police, shall be regulated by a special law.

Article 34. Habeas Corpus

1. Protection from unjustified restraint
   Any person detained or imprisoned illegally may demand habeas corpus at the appropriate court.
2. Any person who enjoys political rights may demand habeas corpus on behalf of the person illegally detained or imprisoned.
3. The court, within ten days, must render a decision on the petition of habeas corpus.
4. The procedure for habeas corpus shall be established by law.

Article 35. Extradition and Expulsion

1. No Cape Verdian citizen may be extradited or expelled from the country.
2. No foreigner may be extradited for political or religious reasons or for opinions.
3. Extradition shall not be permitted to countries in which the particular crime carries the death penalty or a life sentence or where the accused would be subject to torture or inhuman, degrading or cruel treatment.
4. Expulsion of foreigners, permanent residents, or those who have requested asylum may only take place following a judicial decision.
5. Extradition may be granted only when expressly provided by law or international convention.

Article 36. The Right to Asylum

1. Protection of stateless persons
   Foreigners persecuted for political reasons or seriously threatened with persecution by virtue of their activities on behalf of national liberation, democracy, or respect for Human Rights shall have the right to asylum in the national territory.
2. The status of political refugees shall be defined by law.

Article 37. The Right to Nationality

Article 38. The Right to Identity, to a Name, and Reputation

1. Right to protect one's reputation, Right to privacy
   The right to personal identity, to civil rights, to a name, honor, and reputation, and to personal and family privacy shall be guaranteed.
2. Civil rights may not be limited except by judicial decision in the cases and conditions established by law.

Article 39. The Right to Choose A Profession and to Try for Public Office

1. Right to choose occupation
   Every citizen shall have the right to choose freely his work or profession or to have professional training except for legal restrictions imposed in the public interest or inherent in his own capacity or professional qualification.
2. All citizens shall have the right to public office, under conditions of equality, as provided by law.
3. No one may be compelled to do certain work except in the accomplishment of public service, common and equal for all, or a judicial decision as provided by law.

Article 40. Inviolability of the Domicile

1. Inalienable rights
   The domicile shall be inviolable.
2. Regulation of evidence collection
   No one may enter any domicile for an involuntary search and seizure without a judicial warrant issued in the cases and according to forms legally provided, except in case of flagrante delicto or to give assistance.
3. The law shall set forth the cases in which the competent judicial authority may order entry, search and seizure of goods, documents, or other objects in a domicile.
4. In no case shall entry, search or seizure be permitted during the night.

Article 41. Inviolability of Correspondence and Telecommunications

Article 42. Utilization of Computer Records

1. Utilization of computer records and individual data regarding political, philosophical, or ideological convictions, religious faith, party or union affiliation, and private life shall be prohibited.
2. The law shall regulate the protection of personal computer data, conditions of access to databases, and utilization by public and private authorities of these databases and computers.
3. No one shall have access to archives, files, computer records, or databases to find out personal data regarding a third party, nor transfer personal data from one computer file to another belonging to various services or institutions except in cases provided by law or judicial decision.
4. There shall, in no case, be a national identification number for citizens.

Article 43. Access to Data

1. All citizens shall have the right to access to information, to be aware of computer files, archives, and records which relate to them, as well as the right to be informed of their purpose and use in order to request the correction or updating of the data.
2. The process of access to data shall be regulated by law.

Article 44. Marriage and Children

1. Provision for civil marriage, Regulation of marriage
   Everyone shall have the right to marry in civil or religious ceremony.
2. Requirements and the civic status of marriage and its dissolution, apart from the ceremony, shall be regulated by law.
3. Provision for matrimonial equality
   Spouses shall have equal rights, civil duties, and responsibilities.
4. Rights or duties of parents
   Children may only be separated from parents by judicial decision in cases provided by law, if the parents do not fulfill their fundamental duties toward the children.
5. There shall be no discrimination toward children born out of wedlock and no discriminatory designation as to their parentage.
6. Adoption shall be permitted under forms and conditions regulated by law.

Article 45. Freedom of Expression and Information

1. Freedom of expression
   Everyone shall have freedom of expression by speech, image, or any other medium; no one shall be harassed because of political, philosophical, religious, or other opinions.
2. Everyone shall have the freedom to inform and to be informed, obtaining, receiving, and giving out information and ideas in any form without limitation, discrimination, or impediment.
3. Freedom of press
   Limitation of the exercise of these freedoms by any type or form of censorship shall be prohibited.
4. Freedom of expression and information shall be limited by the right of every citizen to honor, good reputation, image, and privacy in personal and family life, as well as the protection of youth and children.
5. Abuses committed in the exercise of freedom of expression and information shall entail civil, disciplinary, and criminal responsibility, as provided by law.
6. Right to protect one's reputation
   All individuals and corporations shall be assured, under conditions of equality, the right of response and of correction, as well as the right to compensation for damages suffered through abuses of freedom of expression and information.

Article 46. Freedom of the Press

1. Freedom of press
   Freedom of the press shall be guaranteed.
2. The provisions of the preceding article shall be applicable to freedom of the press.
3. The freedom and independence of the means of communication relative to political and economic powers shall be assured and may not be subjected to any sort of censorship.
4. The expression and confrontation of ideas and of different opinions shall be assured in the means of communication in the public sector.
5. The State shall guarantee immunity to the public media, as well as the independence of its journalists from Government, the Administration, and other public powers.
6. The creation or founding of newspapers or other publications does not require administrative authorization nor may a security deposit or any other guarantee be a condition.
7. State operation of the media, Television, Radio
   The creation or founding of radio or television stations shall be through a license conferred by means of public competition as provided by law.
8. Journalists shall be guaranteed, under law, access to sources of information and shall be assured of independence and professional secrecy; no journalist shall be forced to reveal his sources of information.
9. Radio
   The State shall assure the existence and functioning of public service radio and television.
10. The ownership and financing of communication media must be divulged, as provided by law.
11. Seizure of newspapers or other publications shall be permitted only for infractions of law and when those responsible for the publication are not indicated in it.

Article 47. The Right to Airtime, Response and Political Reply

1. Political parties shall have the following rights:
   1. Radio, Television
      Airtime on public radio and television, in accordance with their size and other objective criteria defined by law;
   2. Response and political reply to the Government's declarations;
2. The right to airtime may also be granted by law to trade unions, companies, and religious institutions.
3. The right to reply shall be granted to all professional associations and representatives of economic, social, and cultural activities, as well as religious institutions.
4. Radio
   During electoral campaigns, candidates shall have the right to regular, equal airtime on all radio and television stations, of whatever range and ownership, as provided by law.
5. The right to airtime, response, and reply established in this article shall be regulated by law.

Article 48. Freedom of Conscience, Religion and Worship

1. Inalienable rights
   Freedom of conscience, religion, and worship shall be inviolable; everyone shall have the right, individually and collectively, to profess or not profess a religion, to have the religious conviction of their choice, to participate in worship and to express their faith freely, and to spread its doctrine or conviction, while not jeopardizing the rights of others or the common good.
2. Equality regardless of religion
   No one may be discriminated against, persecuted, deprived of rights, or given special benefits or immunity because of their religious faith, conviction, or practices.
3. Official religion, Separation of church and state
   Churches and other religious communities shall be separate from the State and shall be independent and free in their organization and in the exercise of their own activities, as partners in the social and spiritual development of the Cape Verdian people.
4. Freedom of religious instruction shall be guaranteed.
5. Religious presence in hospitals and prisons, as well as the armed forces, shall be guaranteed, as provided by law.
6. Churches shall have the right to use the communications media to accomplish their activities and purposes, as provided by law.
7. Protection of places of worship, as well as symbols, emblems, and religious ceremonies shall be assured; imitation or mockery shall be prohibited.
8. The right to conscientious objection shall be guaranteed, as provided by law.

Article 49. Freedom to Learn, to Train, and to Teach

1. Everyone shall have the freedom to learn, to educate, and to teach.
2. Right to academic freedom
   Freedom of learning, education, and teaching shall include the following rights:
   1. To frequent educational establishments and to teach without discrimination, as provided by law;
   2. To choose subjects and courses;
   3. To create schools and educational establishments.
3. Rights or duties of parents
   Families have the fundamental right to educate their children according to the ethical and social principles resulting from their philosophical, religious, ideological, aesthetic, political, or other convictions.
4. The State may not program education and culture to follow any philosophical, aesthetic, political, ideological, or religious directives.
5. Official religion
   Public education shall not be religious.
6. The State does not possess the exclusive right to teaching and education, recognizing that communities, social groups, and individuals are free to create schools and educational establishments, as provided by law.

Article 50. Freedom to Leave the Nation and to Emigrate

1. Freedom of movement, Right to renounce citizenship
   All citizens shall have the right to leave the national territory and to return, as well as to emigrate.
2. Restrictions on the rights set forth above may only be imposed through judicial decision, and must always be temporary in nature.

Article 51. Freedom of Association

1. Associations shall be freely constituted, requiring no administrative authorization.
2. Associations may freely pursue their own purposes without interference by the authorities.
3. The dissolution of associations or the suspension of their activities may only be determined by judicial decision, as provided by law.
4. Armed, military, and paramilitary associations, and those which promote violence, racism, xenophobia, or dictatorship, or those whose purposes violate criminal law, shall be prohibited.
5. No one may be forced to join or to remain a member of an association.

Article 52. Freedom of Assembly and Demonstration

1. Freedom of assembly
   All citizens shall be guaranteed freedom of assembly and peaceful, unarmed demonstration, even in public places, with no necessity for authorization.
2. The promoters of meetings or manifestations in public places must give prior notice to the competent authorities.

Article 53. Freedom to Create Intellectual, Artistic and Cultural Works

1. Reference to art, Reference to science
   Intellectual, cultural, and scientific creation shall be free, as well as the spread of literary, artistic and scientific works.
2. Protection of copyrights shall be guaranteed by law.

Article 54. Participation in Public Life

1. All citizens shall have the right to participate in political life directly and through freely elected representatives.
2. Restrictions on voting
   All citizens at least 18 years of age shall be eligible voters.
3. Restrictions on voting
   The right to vote may not be restricted except by virtue of exclusions established by law.

Article 55. Participation in the Right to Aspire to Public Office

1. All citizens shall have the right to aspire, under conditions of equality and freedom, to public elective office, under conditions established by law.
2. No one may be jeopardized in his profession, employment, or in social benefits to which he is entitled, because of serving in public office or exercising his political rights.
3. The law shall guarantee immunity and independence in the exercise of public office and shall establish ineligibilities necessary for this purpose.

Article 56. Political Parties

Article 57. The Right to Petition, Complaints and Grievances

Article 58. The Right to Work, to Welfare, to Holidays, and to Material Assistance

1. Right to work
   All citizens shall have the right to work, and the State has the duty to create the conditions necessary for this right to be effective.
2. State support for the unemployed
   Progressively and in accordance with national economic development, all workers shall be assured of adequate social welfare in the event of illness, industrial accident, old age, and unemployment; periodic paid holidays; rest; leisure; and material assistance.

Article 59. The Right to Compensation and to Security of Employment

1. Right to just remuneration
   Everyone shall have the right to compensation in proportion to the quantity and quality of work and to security of employment.
2. Dismissal for political or ideological reasons shall be prohibited.
3. Dismissal shall be illegal without legitimate cause enacted by law.
4. Right to safe work environment, Right to rest and leisure
   All workers shall have the right to dignified working conditions, to hygiene and security, to a limited working day, to rest, leisure, and weekly time off.
5. Right to just remuneration
   Men and women shall receive equal pay for equal work.
6. Limits on employment of children, State support for the disabled
   The law shall establish special protection for minors, for the handicapped, and for women during pregnancy and after childbirth, and shall guarantee to women working conditions which permit them to carry out their family and maternal duties.

Article 60. National Minimum Salary and Maximum Limit to Working Hours

Article 61. Freedom of Professional and Trade Associations

1. All workers shall be free to create trade unions or professional associations to defend their interests and their collective and individual rights.
2. The creation of trade unions and professional associations shall not require administrative authorization.
3. Trade unions and professional associations shall be guaranteed full organizational and functional autonomy and internal regulation.
4. Trade unions and professional associations must be governed by democratic principles of organization and management, based on the active participation of members in all activities and periodic election of its agencies by secret ballot.
5. Trade unions and professional associations shall be independent of management, of the State, of political parties, the church or religious organizations.
6. The law shall regulate the creation, coalition, federation, and disbanding of trade unions and professional associations, and shall guarantee independence and autonomy relative to the State, management, political parties, and associations, the church, and religious organizations.
7. The law shall assure adequate protection to workers' elected representatives from any limitation in the exercise of their functions, from persecution and threats in the work place.

Article 62. Freedom of Membership in Trade Unions

Article 63. Rights of Unions and of Professional Associations

1. To defend the rights and interests of workers, unions shall have the right, as provided by law, to participate in:
   1. Arbitration agencies;
   2. Policy-making institutions of social security and other institutions which promote the protection and defense of the interests of workers.
   3. Drafting of labor legislation.
2. Unions shall have the authority to conclude collective labor contracts, as provided by law.

Article 64. The Right to Strike and Prohibition of Lock-Out

1. Right to strike
   The right to strike shall be guaranteed; workers have the right to decide on the occasions to strike and the interests which the strike is intended to defend.
2. Lock-outs shall be prohibited.
3. The law shall regulate the exercise of the right to strike.

Article 100. Election Registration

1. Restrictions on voting
   To exercise the right to vote or be elected to any political office, a citizen must be validly registered on the date of the elections or the declaration of candidacy.
2. Secret ballot
   Registration shall be official, compulsory, permanent, and personal for all elections by universal, direct, secret suffrage, and must correspond at all times to the electoral population.
3. Every citizen shall have the right to register, to verify his registration, and in case of error to request a correction, as provided by law.
4. Registration of electors must be carried out by the appropriate registration office.
5. Political parties may cooperate with registration commissions, supervise registration activity, request information, obtain copies of electoral rolls, present their claims, and make protestations and counter-protestations, according to law.
6. There shall be a law to regulate election registration.

Article 101. Jurisdiction Over the Election Process

Article 102. Election Law

Article 103. Election Campaigns

1. Candidates, political parties, and groups of independent citizens who run for office shall have the right to campaign, including campaign literature, in the electoral districts in which they run.
2. The election campaign period shall be established by law.
3. Citizens shall have the right to participate actively in election campaigns.
4. Expression of ideas and political, economic, and social principles may not be limited during election campaigns, without ruling out possible civil or criminal responsibility.
5. The electoral law shall regulate election campaigns based on principles of freedom of publicity; equal opportunity and equal treatment of all candidates; impartiality of all public entities toward the candidacies; and supervision of electoral accounting.

Article 104. Supervision of Election Operations

Article 105. Secrecy and Singularity of the Vote

1. Secret ballot
   Voting shall be secret and no one may be forced to reveal the direction of his vote.
2. Each voter may vote only once.

Article 106. Election Districts

1. Head of state selection
   For the election of the President of the Republic, the national territory shall constitute one electoral district, with one electoral college.
2. For the election of Deputies in the National Assembly, the national territory shall be divided into electoral districts, to be defined by law, with an electoral college for each one.
3. Outside the national territory, electoral districts shall be defined by law, but their headquarters shall be in the city of Praia.

Article 107. Voters Living Abroad

Article 108. General and Common Principles

1. Voters registered in the national territory shall have the right to be heard on questions of national or local interest through referenda.
2. Referenda may not be called or held during the period between the calling of elections by national or local bodies and the election date; during a state of emergency and for thirty days following the end of martial law or a state of emergency, and in the latter case, only in the part of the territory declared to be in a state of emergency.
3. Each referendum shall have as an object only one question; the following questions may never be submitted to popular referendum:
   1. Separation and interdependence of national bodies and their authority;
   2. Independence of courts and their decisions;
   3. Separation of Church and State;
   4. Designation of elected national and local officials by universal, direct, secret, periodic suffrage;
   5. Pluralism in expression, the existence of political parties and associations, and the right to opposition;
   6. Constitutionally established rights, liberties, and guarantees;
   7. Tax bills
      National or local budget, tax, or financial laws;
   8. Autonomy of local authorities, as well as the organization and authority of these bodies;
4. Referendum questions shall be submitted for prior approval as to constitutionality and legality.
5. Questions judged unconstitutional or illegal may not be submitted to referendum or resubmitted during the same legislative session.
6. Questions rejected by the competent authority or by the voters also may not be resubmitted during the same legislative session.
7. The results of a referendum shall be applicable to all political bodies and all public and private entities.
8. The provisions of Articles 100 to 105 shall be applicable to referenda and their necessary adaptations.
9. Questions to be submitted to voters must be formulated with simplicity, objectivity, precision, and clarity, without suggestion of a response; the response must be yes or no.

Article 109. National Referenda

1. Legislative initiatives by citizens
   National referenda shall be called by the President of the Republic, by popular initiative, by the National Assembly or by the Government.
2. Legislative initiatives by citizens
   By popular initiative, the President of the Republic may call for a referendum on any subject of relevant national interest, at the request of 30,000 citizens, with the agreement of the National Assembly and the Council of the Republic.
3. The request referred to in the preceding paragraph must be approved by at least ten percent of the resident voters in not less than seven islands.
4. The proposition to the National Assembly must be approved by two-thirds of the Deputies present and a majority of the Deputies currently in office.

Article 110. Local Referenda

1. Local referenda may be held on questions under the exclusive authority of autonomous bodies.
2. Local referenda may be called by the President of the Municipal Chamber upon the initiative of the Chamber, the Municipal Assembly, or not less than ten percent of the registered voters in the local area where the referendum is to be held.
3. The calling of the referendum must be approved by two-thirds of the current members of the Municipal Assembly.

SECTION I. GENERAL PRINCIPLES

SECTION II. ELECTION OF THE PRESIDENT OF THE REPUBLIC

SECTION III. ELECTION OF DEPUTIES TO THE NATIONAL ASSEMBLY

Article 125. Relationship between Parties and Denominations

1. Political parties shall compete democratically for the political support of the people and to organize political power.
2. Restrictions on political parties
   Political parties may not adopt names which, directly or indirectly, are identified with any part of the national territory, with a church, religion, or religious doctrine, or that may evoke the name of a person or institution; they may not adopt emblems which are the same as, or might be confused with, national or regional symbols.

Article 126. Prohibition of Parties with Regional or Local Objectives

1. It is prohibited to form political parties of regional or local scope, with regional or local objectives, which intend to use subversive or violent means in the pursuit of their ends, or which have a paramilitary nature.
2. Political parties must respect national independence and unity, territorial integrity, the democratic regime, the multiparty system, and the rights and fundamental liberties of the individual.

Article 127. Barring of Parties

Article 128. Benefits

Article 137. Definition

1. Name/structure of executive(s)
   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.
2. Foreign affairs representative, Designation of commander in chief
   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

1. Head of state term length
   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.
2. Head of state replacement
   In case of vacancy in the office, the new President shall begin a new term.

Article 139. Oath of Office

1. 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.
2. Oaths to abide by constitution
   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

1. 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.
2. The resignation shall take effect as soon as the Nation has been informed by message.

Article 141. Incompatibilities

Article 142. Absence from National Territory

1. 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.
2. 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.
3. Failure to observe the provisions of (1) and (2) shall entail loss of office.

Article 143. Temporary Substitution

1. 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.
2. Deputy executive
   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

1. For crimes committed in the exercise of his duties, the President of the Republic shall be responsible to the Supreme Court of Justice.
2. 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.
3. 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.
4. Head of state immunity
   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

Article 146. Re-eligibility

1. Head of state term limits
   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.
2. 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.
3. 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.

Article 147. Jurisdiction of the President of the Republic

1. The President of the Republic shall have the following responsibilities:
   1. Designation of commander in chief
      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. Dismissal of the legislature
      To dissolve the National Assembly under the provisions of Article 155 (2) and meet with the political parties of the Assembly;
   6. Legislative oversight of the executive
      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. Referenda
      To call referenda on the national level and set the date on which they are held;
   9. Head of government selection
      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. Power to pardon
       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. Legal status of treaties
       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;
2. 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. Head of state decree power, Organic laws
      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. Cabinet removal
      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. Selection of active-duty commanders
      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. Emergency provisions
      To declare martial law or a state of emergency after consulting the Government and with the authorization of the National Assembly.
3. Extraordinary legislative sessions
   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.
4. Extraordinary legislative sessions, Standing committees
   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

Article 149. Veto

1. Approval or veto of general legislation
   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.
2. Veto override procedure
   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

1. Legislation referred to in Article 147 (2)(b) shall be promulgated and signed by the President of the Republic, under penalty of legislative lapse.
2. 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.
3. 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

1. 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).

Article 152. Definition

Article 153. Composition

1. Size of first chamber
   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.
2. 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

Article 155. Dissolution

1. 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.
2. 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

1. 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.
2. An act of dissolution enacted in violation of the provision in the preceding paragraph shall be null and void.
3. 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.

Article 157. Composition of the Executive Board

1. Leader of first chamber, Standing committees
   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.
2. Standing committees
   The President and the Secretaries shall be elected by written nomination of a minimum of fifteen and a maximum of twenty Deputies.
3. The offices of first and second Vice President must be awarded to the two major parties or political forces represented in the Assembly.
4. 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.
5. 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

Article 159. Commissions

1. Legislative oversight of the executive, Legislative committees
   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.
2. 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.
3. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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. Designation of commander in chief
      To authorize the President of the Republic to declare martial law or a state of emergency, to declare war, and make peace.
6. 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

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

Article 162. Legislature

1. Term length for first chamber
   The National Assembly shall be elected for a period of five years.
2. 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.
3. In case of dissolution, the newly-elected Assembly shall begin a new legislative session.

Article 163. Legislative Sessions

Article 164. Meeting on the Appropriate Dates

1. 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.
2. 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

Article 166. Special Sessions

1. Emergency provisions
   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.
2. 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).
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

1. 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.
2. 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.
3. 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

1. 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.
2. Legislative oversight of the executive
   Meetings may be scheduled to question the Government by means of oral or written questions or by requests for clarification.
3. 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.

SECTION I. INITIATIVE FOR LAWS AND REFERENDA

SECTION II. DISCUSSION AND VOTING

Article 174. Nature and Goals of Representatives

Article 175. Beginning of Term of Office

1. 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.
2. Replacement of legislators
   The Statute of Deputies shall regulate suspension, substitution, resignation, and loss of mandate.

Article 176. Incompatibilities

1. The office of Deputy shall be incompatible with that of:
   1. Eligibility for cabinet, Head of government's role in the legislature
      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. Restrictions on the armed forces
      Members of the military who are on duty.
2. Other incompatibilities shall be determined by law.

Article 177. Exercising the Duties of a Deputy

1. Public and private entities must cooperate with Deputies in the exercise of their duties.
2. 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.
3. 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.
4. 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

1. Deputies may not be called as witnesses without the authorization of the Assembly or, when the Assembly is not in session, the Permanent Commission.
2. 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

Article 180. Duties of the Deputies

Article 181. Immunities

1. Deputies and Parliamentary Groups shall not have civil, criminal, or disciplinary liability for votes and opinions issued in the exercise of their duties.
2. 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.
3. 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

1. Deputies shall lose their mandate in the following cases:
   1. Attendance by legislators
      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.
2. 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.

SECTION I. ORGANIZATIONAL AND FUNCTIONAL AUTHORITY

SECTION II. LEGISLATIVE AND POLITICAL AUTHORITY

SECTION I. FUNCTION AND RESPONSIBILITY

SECTION II. COMPOSITION AND ORGANIZATION

Article 203. Commencement and Termination of Duties of the Government

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

1. 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.
2. The outgoing Prime Minister shall be dismissed on the date the new Prime Minister is appointed and inaugurated.
3. The functions of Ministers shall begin with their inauguration and cease with their dismissal or that of the Prime Minister.
4. The functions of the Secretaries of State shall begin with their inauguration and shall cease with their dismissal or that of the respective Ministers.
5. 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

1. Head of government replacement
   In the event of the resignation of the Government, it shall continue in office until the appointment and inauguration of the new Prime Minister.
2. 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.

SECTION I. FORMATION

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

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

Article 215. Political Jurisdiction

Article 216. Legislative Jurisdiction

1. 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.
2. 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.
3. 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

Article 218. Jurisdiction Regarding International Relations

Article 219. Jurisdiction of the Prime Minister

Article 220. Jurisdiction of Ministers and Secretaries of State

1. 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.
2. 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.

Article 221. Jurisdictional Duties

1. Justice shall be administered in the name of the people by the Courts.
2. 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.
3. Judicial independence
   Courts shall be independent and shall only be subject to law.

Article 222. Principle of Jurisdictional Unity

1. The principle of jurisdictional unity shall be the basis of the organization and functioning of the Courts.
2. Courts of exception shall be prohibited.
3. 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

1. 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.
2. 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.
3. Courts may not exercise other functions which are not established by law.
4. All public and private authorities must cooperate with the Courts, as requested in the exercise of their functions.

Article 224. Holders of Jurisdictional Power

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

Article 225. Recognition of Unconstitutionality

Article 226. Publication of Sessions

Article 227. Provisions

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

Article 228. Categories of Tribunals

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

Article 229. Supreme Court of Justice

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

Article 230. Composition

1. Number of supreme court judges
   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. Establishment of judicial council
      Other judges designated by the Superior Council of Magistrates.
2. The judge appointed by the President of the Republic must be selected from among the Judicial Magistrates or from the Public Prosecutor's Office.
3. The judge elected by the National Assembly may be selected from among the Judicial Magistrates, the Public Prosecutor's Office, or national jurists.
4. The judges designated by the Superior Council of Magistrates must be judicial magistrates.

Article 231. Requirements for Eligibility

1. 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.
2. 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

1. 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.
2. The electoral process shall be regulated by the National Assembly.

Article 233. Oath of Office

1. Judges of the Supreme Court of Justice shall take office in the presence of the President of the Republic.
2. Oaths to abide by constitution
   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

1. Supreme court term length
   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.
2. 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

1. 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.
2. 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

1. Supreme/ordinary court judge removal
   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. Supreme/ordinary court judge removal
      Dismissal or compulsory retirement as a result of disciplinary or criminal proceedings;
   4. Supreme/ordinary court judge removal
      Acceptance of a position or responsibility which is constitutionally or legally incompatible with the exercise of his duties.
2. 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.
3. 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.
4. Supreme/ordinary court judge removal
   The full Supreme Court of Justice shall have the responsibility of verifying if the situations referred to in (1) (a) to (c) have occurred.
5. 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

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

Article 239. Courts of First Resort

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

Article 240. Military Courts

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

Article 241. Court of Accounts

1. 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.
2. The President of the Court of Accounts shall be appointed by the President of the Republic, upon nomination of the Government.
3. The provisions of Articles 233 and 234 shall be applicable to the judges of the Court of Accounts.
4. The law shall regulate the composition, functioning and authority of the Court of Accounts.

Article 242. Judicial Magistracy

1. Judges shall comprise a unique autonomous body independent of all other national bodies and shall be regulated by their own statute.
2. The recruiting and promotion shall be regulated by law, always taking account of the merit of the candidates.
3. 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.
4. 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

1. Supreme/ordinary court judge removal
   Judges may not be removed, transferred, retired, or dismissed except in cases provided by law.
2. Judges may not be held responsible for their judgments or decisions except in cases especially provided by law.
3. 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

1. Ordinary court selection
   Appointment of judges shall be regulated by special law.
2. Establishment of judicial council
   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

Article 246. Superior Council of Magistrates

1. 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.
2. The President of the Supreme Court of Justice shall preside over the Superior Council of Magistrates.
3. Members of the Superior Council of Magistrates shall enjoy the privileges attributed to judges.
4. The status of the Superior Council of Magistrates shall be regulated by law.

Article 247. Status and Duties

1. Attorney general
   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.
2. 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.
3. 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

1. The appointment and placement of agents of the Public Prosecutor's Office shall be regulated by law.
2. 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

1. 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.
2. 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).
3. The provisions of Article 236 (2), (4), and (5) shall be applicable to the Attorney General of the Republic.
4. 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

Article 251. Duties and Guarantees Regarding Lawyers

1. A lawyer in the exercise of his duties shall serve justice and the law and shall provide indispensable cooperation to the administration of justice.
2. 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.
3. 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.
4. A lawyer shall have the right to communicate personally and privately with his client even when his client is imprisoned or detained.

Article 275. Definition and Composition

1. The Council of the Republic shall be the consultative body to the President of the Republic.
2. 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;
3. 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

1. 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.
2. 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

1. 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.
2. 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

1. The President of the Republic shall call and preside over meetings of the Council of the Republic.
2. 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.
3. Deliberations of the Council of the Republic shall be by a majority of its members.
4. 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.
5. Meetings of the Council of the Republic shall not be public.

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

Article 280. Form and Publication of Deliberations

1. 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.
2. Advisory opinions must be drawn up in the meeting at which the appropriate deliberation has taken place.
3. The publication previously referred to must be done simultaneously with the action.

Article 281. Composition

1. 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.
2. The term of regional councillors shall be four years.
3. The law shall regulate the election and status of regional councillors.

Article 282. Jurisdiction

1. 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.
2. 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.
3. 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.

Article 283. Presidential Decrees

Article 284. Legislative Acts

1. Organic laws
   Laws of the National Assembly shall be constitutional laws, organic laws, basic laws, laws, and by-laws.
2. 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.
3. Basic laws may not authorize their own modification, nor set forth retroactive guidelines.
4. Approval or veto of general legislation
   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

1. Legislative acts of the Government shall be decrees, legislative decrees, and decree laws.
2. 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.
3. 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

Article 287. Regulations

Article 288. Regulation

1. 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;
2. Regulatory decrees shall be signed by the Prime Minister and by the responsible Minister by reason of the subject matter.
3. Regulatory decrees and other regulations must indicate the law that they intend to regulate or of which they define the objective or subjective responsibility.

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

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

Article 290. Motions

Article 291. Hierarchy of Laws

Article 292. Publication

1. 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. Head of state decree power
      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. Supreme court opinions
      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.
2. 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.