The amendment to the Organic Law of the Supreme Court arises within the framework of the reform of the Angolan judicial system, with the aim of adapting the organization and functioning of the highest court of ordinary jurisdiction to the current demands of the rule of law and the principle of separation of powers. The law introduces substantial changes regarding entry, organizational structure, internal competences, and the exercise of leadership functions within the Court.
Key innovations
Among the main innovations is the amendment of the criteria for appointing Justices of the Supreme Court, now requiring that candidates—specifically appellate judges (juízes desembargadores) and deputy attorneys general—must have received positive performance evaluations in recent years. This measure aims to strengthen merit-based selection and ensure greater rigor in choosing individuals with technical competence, integrity, and independence.
The law entered into force on the date of its publication in the Official Gazette, and applies nationwide, being binding on all public services and entities involved.
Another significant change concerns the separation of the appointment processes for the President and Vice-President of the Supreme Court, which now become independent procedures with distinct terms and specific regulations. The law also revises the rules governing the plenary sessions of the Supreme Court, allowing decisions to be taken by a simple majority of members present, except in cases where the law requires a qualified quorum.
The new law also grants the President of the Supreme Court the power to refuse, with a reasoned justification, the convening of meetings when it is deemed that the proposed agenda violates the Constitution or the law. This measure is intended to prevent the abusive use of internal deliberation mechanisms and to preserve the proper functioning of the Court.
With the entry into force of Organic Law No. 1/25 of 6 August, the legislator aims to correct gaps and provisions of doubtful constitutionality identified in the previous version of the law and to align the organizational model of the Supreme Court with the norms and principles of the new legislation governing the judiciary, namely Law No. 2/15 and Law No. 29/22, concerning the ordinary jurisdiction.
The content of this newsletter is general and abstract in nature and does not replace legal advice tailored to specific cases. FBL Advogados is pleased to assist any interested parties regarding the terms and provisions of the presidential decree discussed herein, and its team is available to provide specialized technical support, offering relevant solutions and recommendations.
For more information, please contact: Marcos Silva and Neuza Melão Dias | marcos.silva@fbladvogados.com | neuza.melaodias@fbladvogados.com
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