The candidate for president Marcelo Rebelo de Sousa formalizes the candidacy in the Constitutional Court
The Constitutional Court announced on Friday the lead of five rules of the Decree of Parliament that approves the legal regime of entry, permanence, departure and removal of foreigners from the national territory.
Five of the seven rules contained in the Diploma of Amendment of the Foreign Law approved by the Parliament and sent by the President of the Republic to the Constitutional Court (TC) considered unconstitutional.
The decision was announced by the president of the TC, José João Abranteswhich underlined the “unconstitutionality of various norms” of the diploma presented.
The judgment, which was initially read by the rapporteur Joana Fernandes Costait was approved “by majority”, having some of the judges voted against at different points of the diploma.
Among the hopped rules, there are several related to the Family releasenamely the provisions of foreign citizens with valid residence permission and legally reside in Portugal are entitled to family regrouping only with members of their underage family, provided they have legally entered in Portugal and reside in the country.
The president of the TC, José João Abrantes, stressed that this standard, “not including the spouse or equivalent, can impose the family breakdownAnd can lead to “ Separation of family members constituted by this foreign citizen ”, which said to translate himself into a Violation of Constitutional Rights.
Likewise, the president of the TC said it is unconstitutional another rule of the decree that provides for a citizen, to request the family regrouping of family members who are abroad, has to legally reside in the country At least two years ago.
José João Abrantes stressed that “ imposition of an absolute termthat is, of a Blind two -year“It is” incompatible with constitutionally due protection to the family, in particular to the coexistence of the spouses or equivalent to each other. “
However, the TC considered constitutional the rule of the decree that establishes that those who hold certain Residence Authorizations, by teaching activityof investment or cultural, is entitled to “family regrouping with family members”, even if they are not smalleras with other residence permits, what the President of the Republic considered potentially discriminatory.
The president of the TC considered that this rule “does not appear disproportionate or discriminatory” in relation to the article of the Constitution that provides that “no one can be privileged, benefited, harmeddeprived of any right or exempt from any duty due to descent, gender, race, territory of origin, religion, political or ideological convictions, instruction, economic situation, social condition or sexual orientation. ”
Marcelo Veta
A few minutes after the announcement of the decision, the President of the Republic on the Presidency Portal veto do diplomawhich, therefore, returned to the Assembly of the Republic.
“Following the judgment of today’s Constitutional Court, which considered unconstitutional five provisions of the diploma that shared the preventive inspection of the constitutionality, the President of the Republic will return to the Assembly of the Republic, unattendedpursuant to paragraph 1 of article 279 of the Constitution, the Decree of the Assembly of the Republic that amends Law No. 23/2007, of July 4, which approves the legal regime for entry, permanence, exit and removal of foreigners from the national territory“, But-se na nota.
The diploma had been by the President of the Republic to the Constitutional Court on July 24.
Marcelo Rebelo de Sousa explained that 4 changes to the law (which had been approved by Parliament on July 16) raised doubtsespecially with regard to the new limitations on family regrouping and decision deadlines imposed on the agency for integration, migrations and asylum (AIMA).
Since then, the head of state has left warnings As for the position of the government in this matter. On Sunday, Marcelo said the Majority who wanted to change the law of foreigners.
The changes resulted from a joint government proposal PSD / CDS-PP e the on Arriva Billhaving been approved with the favorable votes of these parties and the abstention of the liberal initiative and the votes against PS, free, PCP, BE, PAN and JPP.
The diploma was criticized by almost all other partieswith several considering it unconstitutional and criticizing the way the legislative process has taken place, without hearing immigrant or constitutionalist associations and the absence of mandatory seems.
Ventura says he is a left spirit
The President of the arrival, André Venturasaid on Friday that the decision of the Constitutional Court to bump the law of foreigners Not understandable and translates one andleft -wing spirit that seized the institutions.
“There is no family right that overlaps the security of the country and its borders. It is a left spirit who seized the institutions and contrary to what the Portuguese voted On May 18th, ”Wrote Ventura on the social network ‘X’.
“The Portuguese voted to have less immigrationmore security and more control, ”said the arrival leader.
PAULO NUNCIOparliamentary leader of the CDS-PP, says that “naturally the decision” of the Constitutional Court will be accepted.
“The government and the majority that supports it will proceed to the appropriate adjustments to answer the questions raised by the TC, but we do not give up the revision of the Foreign Law and reinforce the laws of immigration”, Said Paulo Nuncio, who stressed that the current government received by the last governments“ a chaotic situation in immigrationwhich requires the reinforcement of the rules. ”
On Thursday, the Prime Minister, Luís Montenegrothat, “if by chance, the TC understands that there is any norm or solution of any norm is not completely in accordance with the interpretation of constitutional principles,” the majority they represent will “abide by this decision and find a legal solution that can respect the pronunciation do TC”.
“But that can also fulfill the goal. That is, there is one thing that is very clear: We will not give up our goaleven if there is any correction of the wording of the law due to the pronouncement of the TC, ”he said.
