Constitutional Court Strikes Down Foreigners' Law: President Marcelo Vetoes Amidst Political Tension
Público12 hours ago
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Constitutional Court Strikes Down Foreigners' Law: President Marcelo Vetoes Amidst Political Tension

Politics
immigration
constitution
veto
portugal
law
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Summary:

  • Constitutional Court declares five norms of the foreigners' law unconstitutional

  • President Marcelo vetoes the legislation, sending it back to the Assembly of the Republic

  • Division among TC judges highlights the contentious nature of the ruling

  • Government commits to adjusting the legislation to meet constitutional standards while maintaining its objectives

  • Marcelo Rebelo de Sousa's victory underscores ongoing tensions between the presidency and the government

The Constitutional Court (TC) has declared five norms of the foreigners' law unconstitutional, following President Marcelo Rebelo de Sousa's decision to send the legislation for review. The ruling, which was not unanimous, came after a fractious plenary session among the judges. President Marcelo promptly vetoed the changes, returning the bill to the Assembly of the Republic.

Key points of contention included new provisions on family reunification and restrictions on legal appeals. However, the court found no issue with preferential treatment for family reunification of citizens with gold visas or those under certain residency categories.

Marcelo Rebelo de Sousa emerges victorious from this legal showdown with the government, reinforcing his stance on governance critiques. The President had previously flagged potential constitutional violations, emphasizing the need for clarity and procedural respect in legislation.

Juíza conselheira Joana Fernandes Costa durante a leitura pública da decisão

The government, while awaiting the decision, has signaled its intent to adjust the legislation's route but not its destination. Prime Minister Luís Montenegro and Minister António Leitão Amaro have both stressed the importance of regulated immigration for Portugal, indicating plans to refine the bill in line with the TC's findings.

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