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Updates on Portugal

31 Dec 2005

Portugal ratified on 5 February 2002, becoming the 51st State Party.

On 28 March 2003, the Commission charged with drafting the necessary implementing legislation (amendments to the Criminal Code and Criminal Procedural Code) concluded its proposal. Meanwhile, two other proposals had been presented to the Parliament with amendments to the Criminal Code. These proposals had been submitted by the Social Democratic Party and the Communist Party. For the text of the proposals in Portuguese, visit: http://www.parlamento.pt/legis/inic_legis/20030206.09.1.0224.1.09 (Social Democratic Party proposal) or http://www.parlamento.pt/legis/inic_legis/20030318.09.1.0262.1.06 (Communist Party proposal).

As of April 2003, it was anticipated that the existence of Law No. 102/2001, which regulates cooperation with the ad hoc tribunals for the Former Yugoslavia and Rwanda, would facilitate implementation of the ICC Statute.

On 20 December 2001, following the publication of constitutional amendments in the official journal, the Parliament approved the ratification bill of the ICC Statute, by a vote of 211 to 19.

The constitutional amendment which recognizes the jurisdiction of the ICC was adopted on 4 October 2001, by the majority of deputies in Parliament. Article 7(6) of the Portuguese Constitution now reads as follows: "Portugal hereby accepts the jurisdiction of the International Criminal Court, with the conditions of complementarity and the other stipulations as foreseen in the Rome Statute." (Note: unofficial translation).

Previously, after the Rome Statute was translated into Portuguese, the government went through the consultation process and requested a constitutional advisory opinion, which was finalized by the Attorney-General. Issues of a constitutional nature related to ratification included the jurisdiction of the Court, sentencing, immunities, and surrender of persons to the Court. A perceived incompatibility between the national constitution and the Statute's provision on life imprisonment gave rise to the need for a constitutional amendment.

The Parliament was granted powers to amend the constitution by Resolution 27/2001, adopted by the President of Portugal on 29 March 2001 (published in the Legislative Official Journal on 4 April 2001). The draft ratification bill was approved by the Foreign Affairs Committee and then by the Plenary.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Portugal 31 Dec 2005 Portugal ratified on 5 February 2002, becoming the 51st State Party. On 28 March 2003, the Commission charged with drafting the necessary implementing legislation (amendments to the Criminal Code and Criminal Procedural Code) concluded its proposal. Meanwhile, two other proposals had been presented to the Parliament with amendments to the Criminal Code. These proposals had been submitted by the Social Democratic Party and the Communist Party. For the text of the proposals in Portuguese, visit: http://www.parlamento.pt/legis/inic_legis/20030206.09.1.0224.1.09 (Social Democratic Party proposal) or http://www.parlamento.pt/legis/inic_legis/20030318.09.1.0262.1.06 (Communist Party proposal). As of April 2003, it was anticipated that the existence of Law No. 102/2001, which regulates cooperation with the ad hoc tribunals for the Former Yugoslavia and Rwanda, would facilitate implementation of the ICC Statute. On 20 December 2001, following the publication of constitutional amendments in the official journal, the Parliament approved the ratification bill of the ICC Statute, by a vote of 211 to 19. The constitutional amendment which recognizes the jurisdiction of the ICC was adopted on 4 October 2001, by the majority of deputies in Parliament. Article 7(6) of the Portuguese Constitution now reads as follows: "Portugal hereby accepts the jurisdiction of the International Criminal Court, with the conditions of complementarity and the other stipulations as foreseen in the Rome Statute." (Note: unofficial translation). Previously, after the Rome Statute was translated into Portuguese, the government went through the consultation process and requested a constitutional advisory opinion, which was finalized by the Attorney-General. Issues of a constitutional nature related to ratification included the jurisdiction of the Court, sentencing, immunities, and surrender of persons to the Court. A perceived incompatibility between the national constitution and the Statute's provision on life imprisonment gave rise to the need for a constitutional amendment. The Parliament was granted powers to amend the constitution by Resolution 27/2001, adopted by the President of Portugal on 29 March 2001 (published in the Legislative Official Journal on 4 April 2001). The draft ratification bill was approved by the Foreign Affairs Committee and then by the Plenary.