Summary of the Text: Portugal‘s New Immigration Law & Presidential Veto
This text details a conflict between the Portuguese Parliament, the president (Marcelo Rebelo de Sousa), and the Constitutional Court (TC) regarding a new law governing immigration, entry, permanence, departure, and removal of foreigners. Here’s a breakdown:
Key Points of the New Law (Approved by Parliament):
Restricted Family Reunification: The law significantly restricts family reunification rights for immigrants. Specifically, it imposes a mandatory two-year waiting period after initial residency before family members can apply for reunification.
“Qualified Work” Visas: Limits work visas to “qualified work” requiring “specialized technical skills” (definition to be determined later).
CPLP Citizens: Requires citizens from Portuguese-speaking community of Countries (CPLP) to obtain a residence visa before entering Portugal,whereas previously a short-term visa or legal entry was sufficient. Differential Treatment: Grants more favorable family reunification rights to those holding certain residence permits (teaching, investment, cultural activity – including “Golden Visas”).
Constitutional Court (TC) Ruling:
Violation of Family Rights: the TC ruled the two-year waiting period for family reunification is a violation of constitutionally protected family rights, specifically the right to spousal co-existence.
Constitutional Differential Treatment: The TC found the differential treatment in family reunification based on residence permit type to be constitutional and not discriminatory.
Presidential veto & Concerns:
Vetoed the Decree: Instantly after the TC’s statement, President Marcelo Rebelo de Sousa vetoed the entire decree-law passed by Parliament.
Disproportionate Restrictions: The President believes the changes disproportionately and unfairly restrict family unity and may not prioritize the best interests of children. He fears it will lead to prolonged family separations.
Increased Irregular migration: He also anticipates the law will drive more immigrants to enter Portugal illegally as family members attempt to circumvent the restrictions.
Preventive Inspection: The President initially requested a “preventive inspection of constitutionality” due to his concerns about the law’s impact on family rights, assessment timelines, and appeal processes.
Government Response:
Will Not Abandon Regulation: Prime Minister Luís Montenegro insists the government will not abandon its goal of regulating immigration.
Willing to Adjust: He stated the government will make adjustments if the TC ultimately strikes down the law, seeking legal solutions that align with the executive’s objectives.
Political Context:
The law was approved in Parliament with votes from PSD, Chega, and CDS-PP.
PS, Livre, PCP, BE, PAN, and JPP voted against it.
* The liberal Initiative abstained.
In essence, the text describes a notable political and legal battle over immigration policy in portugal, with the President and the Constitutional Court acting as checks on Parliament’s attempts to tighten immigration controls, notably regarding family reunification. The President’s veto signals a strong disagreement with the direction of the new law.
