Antônio Cotrim / LUSA
Chega’s president, André Ventura
The Constitution prevents referendums on matters within the exclusive competence of Parliament, such as the acquisition or loss of nationality.
Chega’s proposal to apply the loss of Portuguese nationality as an additional penalty it was unanimously rejected again by the Constitutional Court.
Even so, André Ventura insists on keeping the issue on the political agenda and admits moving forward with exceptional mechanisms provided for in the Constitution, although experts consider these routes to be unlikely to be viable.
The Portuguese Constitution provides, in theory, that a norm considered unconstitutional by the TC can be confirmed by the Assembly of the Republicas long as it has a qualified majority of two thirds of the deputies present. Despite never having been used in the Portuguese parliamentary system, this mechanism is not impossible to apply.
However, the constitutionalists interviewed consider that the practical effectiveness of this solution would be reduced. Jorge Bacelar Gouveia explains that the President of the Republic is not required to promulgate a diploma that has been considered unconstitutional, even if it is reconfirmed by deputies.
“You can opt for the legal judgment of unconstitutionality of the Constitutional Court (TC) and veto, or for the judgment of political legitimacy of the Assembly of the Republic to confirm and promulgate”, he says. Meanwhile, António José Seguro returned the diploma to Parliament due to the Constitutional’s failure.
Even so, Bacelar Gouveia considers that the eventual confirmation of the diploma would end up having just a political effect. If the law came into force, a request for successive inspection presented by deputies or the Ombudsman would be enough for the Constitutional Court to once again declare its unconstitutionality, leading to the definitive annulment of the law.
Another hypothesis raised by Chega is the holding of a referendum on the matter. However, this solution faces even more legal and political difficulties. THE Constitution prevents referendums on matters of exclusive legislative competence of Parliament, such as the acquisition or loss of Portuguese nationality.
Although some jurists admit room for interpretation, as it is also an issue related to criminal penalties, Jorge Bacelar Gouveia considers that, “when in doubt”, the The topic should not be considered referendable.
Furthermore, an eventual referendum would need the parliamentary support of the PSD, a scenario that, for now, seems unlikely. Even if it progressed, it would still have to undergo preventive inspection by the Constitutional Court.
