Socialists Challenge Penal Code Changes in Constitutional Court
The Socialist Party (Partido Socialista or PS) has formally asked the Constitutional Court (Tribunal Constitucional) to evaluate seven rules introduced in the recent penal procedure reform, which entered into force on 1 September. The legal challenge targets provisions allowing defendant confessions to waive the gathering of trial evidence, alongside contested rules imposing financial penalties on defence lawyers. Constitutional judges will now review whether the measures violate procedural guarantees and fundamental legal rights.
Socialist Party (PS)
- Leader: José Luís Carneiro (since June 2025)
- Ideology: Center-left, Social democracy, pro-Europeanism
Portugal's other traditional major party suffered a historic collapse in the 2025 election, dropping from 78 to 58 seats and falling to third place for the first time in democratic history. The party was led by Pedro Nuno Santos from January 2024 until his resignation following the May 2025 defeat. José Luís Carneiro, a 53-year-old former Minister of Internal Administration known for his moderate positioning within the party, was elected unopposed as the new Secretary-General with 95% of votes in June 2025. The Socialist Party governed Portugal from 2015 to 2024, including an absolute majority from 2022 to 2024 under António Costa, who resigned in November 2023 amid a corruption investigation. The PS previously led the innovative "Geringonça" (contraption) coalition government from 2015-2019, a minority government supported by the Left Bloc and Portuguese Communist Party that reversed austerity measures and presided over economic recovery.
The Constitutional Court (Tribunal Constitucional) is Portugal's highest court for constitutional review. Its primary role is to assess whether laws, decrees, and government actions comply with the Portuguese Constitution, and it has the power to strike down or suspend unconstitutional measures.
The court consists of 13 judges — 10 appointed by the Assembly of the Republic and 3 co-opted by the other judges. It also oversees the legality of political parties and their finances, verifies election results, and rules on the constitutionality of referendums.
The Constitutional Court is frequently in the news when opposition parties, the President, or the Ombudsman refer controversial legislation for review — such as labor reforms, housing laws, or immigration policy changes. Its rulings are final and binding.
