This Tuesday, the PS submitted the request for preventive inspection to the Constitutional Court of the decree that provides for the loss of nationality as an additional penalty, warning of the risk of violating the principle of proportionality, criminal necessity and equality.
The request for preventive inspection, to which the Lusa agency had access, was signed by 51 PS deputieswho thus once again ask for the Constitutional Court’s (TC) ruling on this topic.
“In conclusion, preventive inspection of the decree of the Assembly of the Republic no. Constitution, by paragraph 1 of article 69-D”, can be read in the document.
This decree that amends the Penal Code in order to provide for the possibility of a judge applying loss of nationality as an additional penalty was approved on April 1st, after a lead at the Constitutional Court, and went to the Belém Palace on Monday.
The original diploma, approved in October last year, was returned to parliament, after the TC, in response to requests for preventive inspection of constitutionality submitted by 50 PS deputies, have unanimously pointed out the unconstitutionality of several norms in the main article of the diploma, mainly due to the violation of the principle of equality.
Last week, PS parliamentary leader, Eurico Brilhante Dias, announced that the PS would once again request inspection of this decree amending the Penal Code.
In November, the PS had also requested the inspection of the decree that changes the nationality law – and which, after the TC failed the standards of the first version last December, was approved again on April 1st -, but will leave this diploma out of this request.
