Former Justice Minister Urges President to Refer Foreigners' Law to Constitutional Court

Paula Teixeira da Cruz, former Justice Minister, has voiced her support for referring the new foreigners' law to the Constitutional Court, emphasizing the need for legal certainty. With just one day left for President Marcelo Rebelo de Sousa to decide on seeking a constitutional review, the debate intensifies over the law that tightens regulations on the entry and stay of immigrants, including harsher penalties for illegal presence.

Teixeira da Cruz highlights the law's impact on fundamental rights and the public discourse it has sparked, advocating for a constitutional assessment to ensure clarity and security for all parties involved. She points out specific concerns, such as the loss of nationality as a secondary penalty for crimes and the law's retroactive application, which could affect fundamental rights.

Despite criticisms that the law might undermine the rule of law and fundamental rights, Teixeira da Cruz reassures that Portugal's mechanisms for constitutional review safeguard against such risks. She also expresses disagreement with the restrictions on family reunification, despite European Commission allowances for certain conditions.

In a related development, immigrant associations have appealed to the President to refer the law to the Constitutional Court, warning of its potential to erode trust in institutions, weaken fundamental rights protection, and hinder integration efforts. The law, passed with support from PSD, Chega, and CDS, and opposition from left-wing parties, awaits the President's decision by Friday.