André Kosters / Lusa
The PS will send the new nationality law for preventive inspection at the Constitutional Court (TC) – in anticipation of the decision of the President of the Republic, Marcelo Rebelo de Sousa.
The decree that amends the Nationality Law and another that provides for the loss of nationality as an additional penalty, both originating from a law proposal from the PSD/CDS-PP Government, were approved on October 28, with 157 votes in favor, from PSD, Chega, IL, CDS-PP and JPP, and 64 votes against, from PS, Livre, PCP, BE and PAN, and went to the Belém Palace on Tuesday.
But the PS anticipated Marcelo Rebelo de Sousa and will ask for preventive inspection of the Nationality Law.
According to , socialists think that the law could call into question the “principle of trust”, since the period of the residence permit does not take into account the time that the citizen waits for a decision from the public administration.
Furthermore, the PS wants the court to verify whether the additional penalty of loss of nationality for those who commit serious crimes is constitutional.
The Constitution establishes that legislative initiatives on “acquisition, loss and reacquisition of Portuguese citizenship” take the form of organic law.
In the case of organic laws, within eight days from the date of receipt of the decrees, in addition to the President of the Republic, also the Prime Minister and a fifth of the deputies – 46 out of 230 – can request preventive assessment of any of their norms, in accordance with the Constitution.
The same television says that the application should reach the TC at the beginning of next week.
Therefore, Marcelo will wait
The President of the Republic stated, late Thursday night, that, faced with a request for preventive inspection of the Nationality Law made by the PS, he will wait for the Constitutional Court to give its ruling, and then, eventually, “politically consider the law”.
Marcelo Rebelo de Sousa told journalists that he had just learned that the PS parliamentary group will request preventive inspection of the parliamentary decree amending the Nationality Law.
“And now the role of the President, in relation to that law, it is expected that the Constitutional Court, at the request of that number of deputieswhich unless I’m mistaken there are 50, schedule this matter, distribute it, comment on the matter, and then send it to the President of the Republic”, he stated.
“Se [o Tribunal Constitucional] understands that it is unconstitutional, the President of the Republic is obliged to veto it. If he does not understand that it is unconstitutional, the President of the Republic has a deadline to eventually consider the law politically”, added the head of state.
“At this point, I’m not saying anything more, because I would appreciate the diplomas in the next few days, there were eight days for that. Obviously, I will appreciate the diplomas, but at this moment I have nothing more to say, other than that I found out, I didn’t know, as no one did, about this PS initiative”, added Marcelo Rebelo de Sousa.
