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The constitutionalist Jorge Miranda
Jorge Miranda, considered, by many, the “father of the Portuguese Constitution”, in a joint opinion with Rui Tavares Lanceiro, points to unconstitutionalities in the government’s changes to the Law of Nationality and Foreigners Law.
A legal opinion signed by the constitutionalist Jorge Mirandaknown as one of the “parents of the Portuguese Constitution” points out unconstitutionalities in the new migratory policy of the government.
The opinion is also signed by the lawyer Rui Tavares LanceiroSpecialist in Administrative and Constitutional Law.
At issue are several aspects of the government’s new proposal on the law of nationality “raise doubts of constitutionality” and others, which, according to the expert, are even “Inadmissible” in the light of the Constitution.
One of the problems pointed out is, from the outset, relative to the changes announced to the Law of Nationality Having retroactive effect on June 19, when the government program was made possible in Parliament.
The government argued that “a movement of massive submission of requests to acquire nationality by naturalization” since the changes were announced.
In the opinion of Jorge Miranda quoted by the measures are not yet in force, so the claim of the executive “viola frontally the prohibition of retroactive application” of laws that restrict rights, freedoms and guaranteesbesides representing a “Incomprehensible minorization of Parliament”.
Nationality acquisition period
The experts also analyzed the announced measure that accounts for the deadlines of residence in Portugal for the purposes of a nationality acquisition request.
The government wants to increase the period of permanence in Portugal required to obtain citizenship (from five to 7 or 10 years, as this is Lusophone or non -Lusophone citizens).
Expresso stressed that the executive wants the deadline not to start with the delivery of the request for legalization, as so far, but only when the residence authorization is given, which may take years.
The two experts consider this norm “constitutionally inadmissible”, for violate the principles of legal certainty, equality and dignity of the human person.
“Creates a situation of uncertainty about the moment of the deadline, which is no longer in the hands of the citizen and passes entirely into the hands of administration,” said, according to the newspaper.
The opinion also disputes the brake imposed by the government to the filing of urgent lawsuits against the agency for the integration, migrations and asylum (AIMA) regarding the family regrouping, the Expresso says.
According to Jorge Miranda and Rui Tavares Lanceiro refer, this is a restriction to the right of access to justice that is “excessive and violating the principle of proportionality”.
In the analysis of the possibility of withdrawal of citizenship to naturalized, for legal reasons, experts warn, in the opinion, that this measure “arouses the potential violation ”of the principles of equality, proportionality and universalityfor introducing a differentiation between Portuguese of origin, who can never lose it, and Portuguese by naturalization.
According to the weekly, the opinion was requested by the Liberty Legal Law Firm, which specializes in immigration and citizenship, and will be delivered to parliamentary groups and the President of the Republic.
