In a previous post, I reported figures for presidential vetoes during the first term of the current incumbent, Aníbal Cavaco Silva. Here is more information on the distribution of the vetoes and an update.

According to the constitution, the president has the power to veto parliamentary bills and government bills.

Art. 136.1 of the Constitution states: “Within twenty days of the receipt of any decree of the Assembly of the Republic for enactment as a law, or of the publication of a Constitutional Court ruling that does not declare any of the decree’s provisions unconstitutional, the President of the Republic shall either enact the decree or exercise the right of veto. In the latter case he shall send a message setting out the grounds therefore and requesting that the statute be reconsidered.”

Similarly, Art. 136.4 also states: “Within forty days of the receipt of any Government decree for enactment, or of the publication of a Constitutional Court ruling that does not declare any of the decree’s provisions unconstitutional, the President of the Republic shall either enact the decree or exercise his right of veto. In the latter case he shall inform the Government in writing of the reasons for doing so.”

From March 2006 until March 2011, the president’s website reports that Cavaco Silva vetoed 14 parliamentary bills (decrees of the Assembly of the Republic for enactment as a law) and 1 government bill. During his second term, the website suggests that he has vetoed 3 parliamentary bills, one in May 2011, one in July 2012 and one in August 2012. It also suggests that so far he has not vetoed any government bills in his second term.

Now, the period from March 2006 – June 2011 was a period of cohabitation. So, during the period of cohabitation he vetoed 15 parliamentary bills and 1 government bill in total. Since June 2011 and the period of unified government he has vetoed two parliamentary bills.

This leaves us with a slight puzzle. Even though, as we would expect, during cohabitation President Cavaco Silva was quite an active vetoer, why, during the current period of unified government, is the president vetoing any legislation at all?

In July 2012 President Cavaco Silva vetoed a bill reorganising the Lisbon municipal council. Público reports that the bill was co-sponsored by the government PSD party and the opposition PS. Having passed the bill, the parties wanted to amend it and this proved impossible. So, while the president could have promulgated the bill, he was not acting against the government.

In August 2012 he vetoed a bill providing rules about the use of liquid gas as car fuel, citing  a procedural reason. Again, he was making it clear that he was not against the bill as a whole, but that there were issues with its adoption. According to TSF, this bill was co-sponsored by the opposition PS and the CDS-PP. This latter party is in coalition with the PSD. I have no idea whether the president’s veto had a political motive or whether it was merely technical.