The signing of the presidential decree formalizing the resignation of the prime minister, which will take effect on Friday, leaves the government in control limited to actions strictly necessary or inevitable for the continuation of its activities.
Article 186 of the Constitution determines that after his resignation, “the government will limit itself to actions strictly necessary to ensure the management of public affairs.”
However, the scope of this provision of the basic law is wide, which prompted the Constitutional Court in 2022 to issue a ruling clarifying the limitations of leaders in governance, since there is no other law that would specify that “actions are “strictly necessary” for the conduct of public affairs.
In their decision, the Ratton Palace judges considered that the outgoing government “has no restrictions” on its actions, it only has to justify its necessity.
The “decisive criterion” that guides the actions of an outgoing government is, according to the Labor Code, the criterion of “the strict necessity of its practice,” that is, what becomes “urgent” or absolutely necessary for public administration.
The decision came after the then President of the Republic, Jorge Sampaio, asked the TC to clarify whether the executive branch, led by António Guterres, who was already stepping down in 2022, could approve a decree-law establishing a legal regime applicable to the management of hospitals and medical centers.
After the formal resignation of the socialist government, formalized by the signing of a decree of the President of the Republic, the executive branch will remain in power until the program of the next government is approved by the Assembly of the Republic after early legislative elections in March. 10, 2024.
Leader António Costa has already made it clear that he will not make far-reaching decisions such as the privatization of TAP or the choice of the site of the new Lisbon airport.
However, the entry into force of the State Budget for 2024 on January 1 was guaranteed by the decision of the President of the Republic to formalize the resignation of the Government only after its approval, which will make it possible to make decisions such as increasing the minimum wage, which will be implemented nationally, pensions and public administration.
The President of the Republic said that he would sign a decree on the resignation of the government “in early December,” after the final approval of the state budget for 2024.
The resignation of the government “due to the acceptance of the resignation presented by the Prime Minister” is formalized by a decree signed by the President of the Republic and published in the Diario da República, with effect from the 8th Friday, according to the explanation given by Marcelo Rebelo de Sousa last Saturday.
Prime Minister António Costa submitted his resignation to the President of the Republic on November 7 in connection with a judicial investigation into the installation of a data center in Sines and lithium and hydrogen plants, prompting prosecutors to open an independent investigation in the Supreme Court in which he is being prosecuted.
The head of state immediately accepted the resignation of the prime minister, although without formalizing it, and later announced the formalization of the government’s resignation for today and set the dissolution of parliament for January 15, in the context of early legislative elections scheduled for March. 10th.
“In principle, the last council of ministers will be on the 7th, and therefore on the evening of the 7th there will be a resignation,” Marcelo Rebelo de Sousa said in early December.
Author: Lusa
Source: CM Jornal
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