Latest news and stories about constitutional court in immigration in Portugal for expats and residents.
The author critiques a recent Constitutional Court ruling that permits the detention and expulsion of foreign children in Portugal, arguing that such policies represent a profound degradation of human values and a failure to protect the most vulnerable.
The Socialist Party is considering challenging the parliamentary right's recent amendment to the Nationality Law, which introduces the loss of nationality as a criminal sanction, by referring it to the Constitutional Court.
The President of the Republic has enacted the Parliament's decree regarding the granting of asylum, detention, and the return of foreigners, after the Constitutional Court ruled that it was not unconstitutional.
The Ponte Association, which supports unaccompanied foreign children and youth, questions the Constitutional Court's ruling on new deportation rules. The association criticizes the potential detention of minors, arguing that these children are often fleeing poverty, violence, or seeking a better future, and calls for equal rights for all minors in Portugal regardless of their legal status.
The Constitutional Court has ruled that there is no “unconstitutionality” in the Foreigners and Asylum Law, commonly known as the Return Law, after the President of the Republic requested a The post Constitutional Court rules ‘Return Law’ for immigrants is not unconstitutional appeared first on Portugal Resident.
The Secretary-General of the PS, José Luís Carneiro, said today that the party respects the decision of the Constitutional Court (TC), which deemed the norms of the decree amending the granting of asylum and the return of foreigners to be constitutional.
These positions are included in the reasoning of the judges at the Palácio Ratton, who on Friday deemed eleven provisions of the legislation approved by Parliament to be constitutional.
Constitutional Court judges unanimously consider that the law facilitating the deportation of immigrants is in accordance with the Constitution.
Judges decided unanimously not to rule it unconstitutional. Seguro requested a review due to doubts regarding compliance with the principles of proportionality and dignity.
The request for review had been sent by the President of the Republic due to concerns regarding guarantees for children and families
Judge António José das Ascensão Ramos will serve as the rapporteur for the constitutional review of the bill facilitating immigrant deportation, known as the 'return law'. The text was submitted to the Constitutional Court on 7 August by the President of the Republic, António José Seguro. The rapporteur is responsible for organizing the case preparation and drafting the final judgment based on the collective decision. The President of the Republic has raised concerns regarding the constitutionality of 11 provisions, particularly those involving the separation of families and the potential violation of the rights of children with Portuguese residency. The law was approved by the PSD, CDS, and IL, while the left-wing parties voted against it.
Foreign communities in Portugal support the President of the Republic's decision to send the law of return to the Constitutional Court.
The President of the Republic has requested that the Constitutional Court conduct a preventive review of the Return Law. Additionally, Trump says he will take the White House ballroom case to the Supreme Court.
The Immigrant Solidarity Association states that the decree was an “authentic civilizational setback” and that what the President of the Republic did “safeguarded the Constitution of the Portuguese Republic.”
For the minister, the advantages are evident, but the Government wants an “independent evaluation” to show it is an “advance in the quality of assessment”. Also, Rui Oliveira keeps the yellow jersey in the Tour of Portugal.
The President of the Republic argues that the Government's decree “raises doubts” as it could allow for the separation of parents and children or the expulsion of minor Portuguese children.
The new president of the Constitutional Court, João Carlos Loureiro, stated today, in his first speech in this role, that the court “does not forget the rights of foreigners and stateless persons” and is solely committed to the Constitution.
PS deputy Pedro Delgado Alves points out the persistence of constitutional issues in the decree that provides for the loss of nationality. Regarding the Constitutional Court, he says that “maintaining the balance” is at stake.
The author criticises the Portuguese Parliament for portraying the Constitutional Court as an obstacle to the new Nationality Law. The article argues that the Court is simply upholding constitutional principles by ruling that stripping nationality for crimes unrelated to state security is unconstitutional, and warns that the government's persistent attempts to bypass these rulings undermine the rule of law.
The right-wing has approved a new version of the nationality law, with changes agreed upon between the PSD and Chega, in the hope that it will not be rejected again by the Constitutional Court. Analysis by Miguel Morgado, Carlos Guimarães Pinto, and Cristina Rodrigues in the podcast version of Linhas Direitas.
The right-wing coalition insisted on the loss of nationality as a sanction and secured a two-thirds majority. The Socialist Party (PS) will evaluate a new appeal to the Constitutional Court, and Seguro may do the same.
Leitão Amaro praised the patriotism of the law and rejected nationalist interpretations, arguing that “patriotism is belonging” and “nationalism is hatred and hostility”. The PS accused the PSD of not reading the Constitutional Court's conclusions and reinforced doubts regarding the constitutionality of the sanction involving the loss of nationality.
Leitão Amaro praised the patriotism of the law and rejected nationalist interpretations, arguing that “patriotism is belonging” and “nationalism is hatred and hostility”. The PS accused the PSD of not reading the Constitutional Court's conclusions and reinforced doubts regarding the constitutionality of the sanction involving the loss of nationality.
The leader of Chega is confident that right-wing parties will be able to negotiate among themselves the names to fill positions at the Constitutional Court, excluding the PS. Regarding the deportation of immigrants, Ventura said there are 'good signs' from the Government and Chega in this 'negotiation phase'.
After the 25-day deadline, the judges of the Constitutional Court have announced the unconstitutionality of several provisions of the Nationality Law. This decision responds to two requests submitted by the Socialist Party (PS).
André Ventura hopes that the Constitutional Court will validate the Nationality Law, claiming that the text is the result of a “national consensus”. Meanwhile, Marques Mendes states that any decision should be respected.
After rejecting the foreigners' law (which was later amended and enacted by the President), the Constitutional Court may do the same with the latest version of the nationality law, approved following an agreement between the PSD and Chega - even as several constitutionalists, including Jorge Miranda, raise questions about issues such as loss of nationality or the requirement for financial subsistence.
Catarina Martins states that the nationality law cannot be enacted as it offends the country. On Monday, the Constitutional Court is expected to rule on the law.
Presidential candidate Catarina Martins stated today that she hopes the nationality law will never be enacted, regardless of the decision from the Constitutional Court, which is expected to be announced on Monday, as she considers it contrary to the values of Portugal.
A new clash is anticipated between the Constitutional Court and the Government, this time regarding the Nationality Law. Judges will announce their decision at the start of next week. The PS had requested oversight.
