The former chairman of the Constitutional Court said that the replaced judges were slandered and defamed

Former President of the Constitutional Court Joao Kaupers said on Tuesday that the media launched an “absolutely unbelievable campaign” based on “slander and defamation” against the consultant judges who were to be replaced.

“I would like to refer to the disaster that this circumstance caused for all three judges who were replaced in court, because since everyone was a witness, we were the object of a campaign, in some media, absolutely incredible, with slander. and along the way, slander,” said the former chairman of the Constitutional Court (CC).

João Caupers performed at the Belém Palace in Lisbon shortly after President of the Republic Marcelo Rebelo de Sousa awarded him the Grand Cross of the Military Order of Christ.

The award ceremony for the ex-president of the TC took place shortly after the President of the Republic swore in three new judges of the TC – Carlos Carvalho, Rui Guerra da Fonseca and Joao Carlos Loureiro, replacing Lino Ribeiro, Pedro Machete and Sam Kaupers, who had already completed his mandate, but remained in office until their successors were chosen.

In his short speech, Joao Cowpers expressed regret that there are those who believe that the three judges whose terms of office have already expired have the right to replace themselves and appoint their successors.

“This is the only way to understand that they held us accountable for the past tense. This was not the case, and we remained in office until this Tuesday, and this is the only reason why the Court has been able to continue its regular work. function,” he stressed, adding that if they resigned from their posts, “the court would be semi-paralyzed.”

As such, the former TC president emphasized that he wanted to share the “honor of the award” with Lino Ribeiro and Pedro Machete, who were also present in the Hall of Ambassadors where the ceremony took place, emphasizing that they still “stayed longer” than he himself is waiting to be replaced. .

In turn, Marcelo Rebelo de Sousa also referred to the situation with the three judges who were to be replaced, stressing that “sometimes in Portuguese society there is an opinion about the TC that does not correspond to reality.”

“It is good that the Portuguese have an idea that there are no ideal solutions in the appointment of the holders of this body in any country in the world and that there are always unforeseen circumstances, very different,” he stressed.

The President of the Republic explained that in the case of Portugal “a creative solution has been found that comes from a very precise context”, adding that there are other solutions that have advantages but “are not without their vicissitudes”.

“Based on European experience, it turns out that the replacement of holders is sometimes very lengthy and complicated, mainly because in some cases other sovereign bodies are involved, which sometimes makes this process incomprehensible to those who see it from the outside,” he said. said.

Marcelo gave his own example, noting that during his tenure as leader of the SDP (1996-1999) he also experienced a situation in which “TC holders had to be replaced”, with a “long and difficult period” also elapsed before a consensus was reached.

“It was a context, no matter what, less subject to public scrutiny and naturally less subject to judgment affecting [esta terça-feira] TS,” he said.

Regarding the João Cowpers award, Marcelo highlighted his “very independent, sometimes irreverent, very original, very creative, very determined, and also very empathetic” personality, highlighting his “service to the community in a wide variety of functions”.

“This award is not a formality, it is gratitude for this dedication, which culminated in service to the Motherland in the fundamental body of our political and constitutional structure,” he stressed.

Marcelo República also stressed that Cowpers took over as TC president at a “difficult and challenging moment, as it always is in the judicial function today, in these dizzying times when the challenges are numerous and particularly relevant for TC. and difficult.”

The Organic Law on the Constitutional Court establishes that the TC “consists of 13 judges, 10 of whom are appointed by the Assembly of the Republic and three are co-opted by it.”

The term of office of judges is nine years, “counting from the date of taking office”, ceasing “the functions upon assuming office of the judge appointed to occupy the respective place”.