Dissolution decision passed to Lisbon

Dissolution decision passed to Lisbon 1

The Representative of the Republic for Madeira, Ireneu Barreto, has already met with the President of the Republic today according to the press. This meeting with Marcelo Rebelo de Sousa served to inform the consultations with the political parties represented in the Regional Legislative Assembly previously reported here.

After the dismissal of Miguel Albuquerque, a defendant in a process investigating suspicions of corruption in Madeira, the representative of the Republic heard last week the parties represented in the Regional Legislative Assembly. At the end of the hearings, Ireneu Barreto revealed that he would consult the President of the Republic about the political crisis and that he would later announce his decision.

According to the representative of the Republic, taking into account the power to dissolve the Regional Legislative Assembly, which belongs to the President of the Republic, it was “indispensable” to consult Marcelo Rebelo de Sousa. However, the Assembly cannot be dissolved “within six months of its election”, a period which, in this case, extends until March 24th.

The PSD and CDS-PP, which govern the region in coalition with the parliamentary support of the PAN party have insisted on the appointment of a new executive leader, considering that the parliamentary majority has the legitimacy to support a new Regional Government, thus seeking to avoid elections anticipated, defended by the remaining parties with seats in parliament.

5 thoughts on “Dissolution decision passed to Lisbon”

    • There are stages for this responsability to be taken. Everything that is currently being done, even if confusing for the people, is being done in accordance the Portuguese Constitution.

      I’d rather things are taking time and confusing rather than something quick and clear that goes against the Portuguese Constiution.

      There are many things that make this case very complex from a political and constitutional point of view. The required steps and actions are being taken.

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      • Luis, Portuguese criminal law procedure seems so much different to the UK. Can I ask, if the examining judge had found evidence of wrong doing instead of the lack of any evidence and not set the defendants free, what would have been the next steps? Would the case be stepped up to a higher court, would/could bail have been requested and granted? Would the court case, I’m assuming there would be one, be open to the public and would the guilt or innocence of the defendants be determined by a jury or a judge or panel of judges?

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        • If the judge had found evidence of wrong doing the measures he´d take would be dependent on how sensitive he is to the prosecutor´s arguments namely: is there proven risk people intend to flee from the country? Is there proven risk risk they intend to continue their wrong doing? Is there proven risk they intend to destroy evidence or cause public unrest? If the answer to any of these answers is “yes” then the judge determines preventive prison, otherwise there are lighter measures can be taken like bail, forbid contact between people that are under investigation, present themselves in court every other X time, etc,.

          Traditionally, in Portugal, for criminal offenses related to large economic/financial crimes the prosecutor always suggests one of these risks exist and judges are generally sensitive to their arguments/evidence.

          The next step in this case is that the prosecutor will appeal from the enquiry judge decision. Then, in 3 or 4 months the case will move to Relation Court and analyzed by further 3 judges. These judges can either accept the appeal or agree with the enquiry judge decision. If they agree, the case is archived. If they don´t, the case moves on to further stages of accusation and then court.

          The current stages do not prove people innocent or guilty. Only analyse if there is enough evidence to take them to court.

          In Portugal, for economic crimes, a jury is not used, only judges.

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  1. Thanks for your efforts, so different . If the three judges from the Relation Court accept the appeal then the defendants are re-arrested and a case is opened ? The case and the evidence I assume is then presented in a court that is open to the public and media.

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