The Prime Minister delegates competence to the Minister for the Presidency of the Council of Ministers to represent the Government in requests for review of constitutionality

Thu. 03 of April of 2025, 17:29h
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The Prime Minister, Kay Rala Xanana Gusmão, by means of Order No. 009/PM/III/2025, of April 3rd, 2025, delegated to the Minister of the Presidency of the Council of Ministers, Agio Pereira, the competence to represent the Government in proceedings related to requests for review of the constitutionality of rules, whenever the 9th Constitutional Government is cited. 04-Ministro da Presidência do Conselho de Ministros

This decision is based on the powers conferred to the Minister of the Presidency of the Council of Ministers by the organizational structure of the 9th Constitutional Government, approved by Decree-Law no. 46/2023, of July 28th, and amended by Decree-Law no. 36/2024, of November 6th. These duties include responsibility for ensuring the State's litigation services, coordinating the representation of the State by legal representatives, appointing lawyers or representing the State in arbitration proceedings and other alternative means of dispute resolution, and preparing responses to constitutionality and legality review proceedings, in collaboration with the relevant ministries.

Requests to review the constitutionality of rules can be submitted to the Court of Appeal, in the exercise of its constitutionality review function, under the terms of the Constitution of the Democratic Republic of Timor-Leste. Article 150 of the Constitution establishes that the President of the Republic, the President of the National Parliament, the Prime Minister, the Attorney General, the Ombudsman for Human Rights and Justice and one-fifth of the Members of Parliament in full exercise of their office are entitled to request successive abstract reviews of constitutionality. 409319716_652171457082730_2710323532484986683_n

Minister Agio Pereira is now permanently empowered to intervene and formally represent the government in all acts related to procedures for reviewing the constitutionality of rules. On previous occasions, he had already been given occasional delegations for the same purpose. This decision consolidates this practice and strengthens the Executive's ability to respond, helping to safeguard the interests of the State, while respecting the Constitution of the Republic and the democratic rule of law.

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