According to a note from the Presidency of the Republic, Marcelo Rebelo de Sousa acted "under article 145, paragraph a) and paragraph e), second part" of the Constitution - under which it is the responsibility of the Council of State "to pronounce on the dissolution of the Assembly of the Republic", but also, "in general, advise the President of the Republic in the exercise of his functions".

The head of state convened the parties and the State Council "following the prime minister's resignation, which he accepted", reads the note published on the official website of the Presidency of the Republic on the Internet shortly after the prime minister had announced, in a communication to the country, that he presented his resignation to the head of state, adding that "this resignation was accepted".

In the current legislature with an absolute majority of the PS, Marcelo Rebelo de Sousa stated that a possible departure of António Costa would lead to the dissolution of parliament – ​​for which it must listen to the parties represented in it and the Council of State – ruling out the formation of another executive with the same majority.

The Prime Minister resigned after the Public Ministry announced that it was the subject of an independent investigation at the Supreme Court of Justice into lithium and hydrogen projects.

Declaring himself with a "head held high" and a "clear conscience", António Costa justified his dismissal by arguing that "the dignity of the role of Prime Minister is not compatible with any suspicion regarding his integrity, his good conduct and, even less, with suspicion of the commission of any criminal act".

In the morning searches were carried out in Government offices, including the official residence of São Bento, targeting the Prime Minister's chief of staff, Vítor Escária, who was detained for interrogation.

António Costa submitted his resignation after almost eight years in office as Prime Minister, a position for which he was sworn in on November 26, 2015, by the then President of the Republic, Aníbal Cavaco Silva.

On March 30, 2022, when he swore in the XXIII Constitutional Government, Marcelo Rebelo de Sousa warned António Costa that "it will not be politically easy" to replace him as head of the Government in the middle of the legislature, implying that in that case, he would call early legislative elections.

On January 24 of this year, when seven years had passed since his election as President of the Republic, he was more definitive and stated that "if the prime minister changes, there will be a dissolution of parliament", referring to the "theoretical hypothesis of appearing another prime minister from the PS area".

"Because this majority was formed with a Prime Minister who ran not only as the leader of the party but as leader of the Government. It was very important, I said that in my inauguration speech and, therefore, it was out of the question, I mean, with another prime minister there would be a dissolution of parliament", he argued at the time.

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