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IL accuses Government of incompetence in the Foreigners’ Law

The leader of IL today accused the government of incompetence and lack of seriousness in the manner it altered the foreign nationals law, which was struck down by the Constitutional Court, noting that it undermined citizens’ trust in the rule of law.

“The haste with which the government sought to alter this regime, ignoring constitutional and legal processes, without listening, without considering, and disregarding all warnings, led to the approval of provisions that the Constitutional Court has now declared unconstitutional. More than a technical error, this reflects a government that abandons governing with seriousness,” criticized IL leader Mariana Leitão via social media.

In response to the Constitutional Court’s rejection of the foreign nationals law, the liberal considered that this legislation is “urgent for the country and could have been approved now, but the government lacked the competence to do so.”

“The Liberal Initiative warned vehemently, and due to this incompetent behavior of the government, it could not vote in favor of the law,” she emphasized.

According to Mariana Leitão, “the way the government of Luís Montenegro handled this process undermines legal security and citizens’ confidence in the rule of law.”

“Family reunification is a legal instrument in immigration policy that should be regulated based on criteria of legality, proportionality, and respect for human dignity,” she noted.

The President of the Republic today vetoed the parliamentary decree that approves the legal regime for entry, stay, exit, and removal of foreign nationals from the national territory, following the Constitutional Court’s announcement of the unconstitutionality of five provisions.

This decision by Marcelo Rebelo de Sousa was known minutes after the judges of Palácio Ratton announced the rejection of five provisions of the parliamentary decree about the legal regime for entry, stay, exit, and removal of foreign nationals from national territory.

The Constitutional Court’s decision follows a request from the President of the Republic for prior review of the constitutionality of seven provisions of this decree on July 24.

The decree was approved on July 16 in the Assembly of the Republic, with favorable votes from PSD, Chega, and CDS-PP, abstention from IL, and votes against from PS, Livre, PCP, BE, PAN, and JPP.

The legislation was criticized by nearly all parties, except PSD, Chega, and CDS-PP, with many considering it unconstitutional and criticizing the legislative process for not listening to immigrant associations or constitutionalists and for lacking mandatory opinions.

In the request sent by Marcelo Rebelo de Sousa to the Constitutional Court, the President of the Republic requested the prior review of the constitutionality of the provisions on the right to family reunification and conditions for its exercise, the deadline for reviewing requests by the Agency for Integration, Migrations, and Asylum (AIMA), and the right of appeal.

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