Latest news and stories about judicial independence in Portugal for expats and residents.
The transition, at least for now, from two to three structural parties in our Parliament seems to many to have undone the principles upon which our regime is based. I do not believe this is the case, and just as those who treat the election of judges to the Constitutional Court as a kind of coup against democracy are open to criticism, so too are those who fail to understand that democracy does not consist of crushing the Opposition.
'Nobody likes to be labelled as the judge for Chega or the judge for the PS; judges do not belong to any party,' emphasised João Mariano. For the judge, public designation is a deterrent for candidates.
João Cura Mariano stressed that “career judges do not have party affiliation”.
Constitutional law expert Teresa Violante says there is no legal issue in the standoff between the PS, PSD, and Chega regarding the appointment of judges to the Constitutional Court. She asserts that the independence of the judges has never been called into question.
For constitutional expert Jorge Reis Novais, the Constitutional Court has always had a “balanced composition,” and a majority from a single political spectrum in the court will jeopardise that balance.
The parties themselves have stopped believing in judicial independence — now, what they seek is control.
António José Vilela says judges should perform their duties in the courts and not occupy positions within the government.
Lawyers say the move is not intended to anticipate or influence the outcome of the criminal proceedings, but to draw attention to the need to respect fundamental procedural safeguards, which they consider essential to the rule of law, regardless of the defendant's political standing.
