TC stops law. The Left praises, but the Right still wants “immigration in order”

On Friday, the President of the Republic vetoed the parliamentary decree approving the legal regime for the entry, stay, exit, and removal of foreigners from the national territory, following the Constitutional Court’s announcement of the unconstitutionality of five provisions. The Left celebrated this decision, while the Right (excluding IL) expressed disagreement. Although open to adjustments, they pledge not to “depart” from their “objective” and still want to “put immigration in order.”

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

What was said?

PSD to “analyze” and adapt the decree to the “impositions” of the Constitutional Court

After the decision was announced, PSD deputy Francisco José Martins assured that the social democrats would analyze the ruling determining the unconstitutionality of the foreign law to adapt the decree to the Constitutional Court’s impositions.

Speaking to journalists in Parliament, Francisco José Martins emphasized the need to change the legal framework to end a “open doors” policy but guaranteed that the PSD would “analyze, read, and make adjustments to align the regulations with the Constitutional Court’s impositions.”

The social-democrat deputy underscored the importance of “respecting the separation of powers” and ensured that “everything that was said will deserve special attention,” but that both the PSD and the Government will “not deviate from the objective of producing” a law that embodies a “serious and responsible policy for the country.”

“We disagree with the Constitutional Court, but we will comply and accept this decision”

CDS-PP parliamentary leader Paulo Núncio admitted that “the Government and the majority supporting it will make the necessary adjustments,” but reiterated that they would not abandon “the revision of the foreign law and strengthening immigration laws.”

“Our goal is to put immigration in order,” stated the centrist, seizing the opportunity to accuse the PS of being solely responsible for the “chaotic situation” in immigration.

Constitutional Court’s decision embodies a “leftist spirit that has taken over the institutions”

Meanwhile, Chega’s president André Ventura was harsher in his criticism, stating that the Constitutional Court’s decision “is not understandable” and reflects “a leftist spirit that has taken over the institutions.”

“The unconstitutionality decision on the foreign law is incomprehensible. No family right can override the country’s security and its borders. It’s a leftist spirit that has taken over the institutions, contrary to what the Portuguese voted for on May 18,” wrote André Ventura on the social network ‘X’.

IL accuses Government of incompetence and criticizes “haste”

The IL, through the party’s president, accused the Government of incompetence and lack of seriousness in the way it altered the foreign law, putting citizen trust in the rule of law at stake.

“The haste with which the Government sought to alter this regime, ignoring constitutional and legal procedures, without listening, without considering all warnings, led to the approval of rules now declared unconstitutional by the Constitutional Court. More than a technical error, this reflects a Government that abdicates from governing with seriousness,” criticized IL leader Mariana Leitão on social media.

Reacting to the Constitutional Court’s rejection of the foreign law, the liberal leader argued that this decree “is urgent for the country and could now be approved, but the Government lacked the competence for this.”

Constitutional Court’s decision is a defeat for a Government that “needs to listen more to Marcelo and the PS”

The PS also joined in criticising the Government, claiming that the Executive, the AD, and Chega were defeated with the rejection of the law, and arguing that the Prime Minister should “listen more” to the President of the Republic and the socialists.

“Constitutional values defeated the AD’s agreement with Chega. This is a victory of humanity over the inhumanity that the AD- and Chega-led coalition wanted to enforce with this legislation now rejected by the Constitutional Court, which undermined dignified and humane integration,” said PS Secretary-General José Luís Carneiro in a statement to Lusa.

According to the socialist, the rejection of the foreign law is “a serious political defeat for the Government, its arrogance, and the incompetence demonstrated in this matter.”

José Luís Carneiro believes that to overcome the President of the Republic’s veto resulting from this Constitutional Court decision, Portugal “deserves that the AD not rush, fulfill all procedural and legal requirements, and accompany itself better in its partnerships.” At the same time, he promised “responsibility and humanity” and expressed readiness to contribute to a solution.

Government subordinate to “unacceptable far-right proposals”

The Livre also accused the Government of being subordinate to “unacceptable far-right proposals” by remaining intractable and in “clear disregard” of the rule of law concerning the foreign law, even before the Constitutional Court’s decision.

“From the outset, Livre considered that the Government’s proposed decree and later the version approved by the Right majority in Parliament had serious unconstitutionality issues, now confirmed,” the party led by Rui Tavares said in a statement.

Livre criticized the Government’s recent stance, even before this decision was known, of intransigence on this matter, in flagrant disregard of both the normal legislative process and the rule of law, which only reinforces the stigma against immigrants in Portugal’s society.”

“This stance once again reflects this executive’s submission to what are unacceptable far-right proposals,” it asserted.

Constitutional Court rejection is a “chance” to hear from experts

The PCP considered that the Constitutional Court’s rejection of the foreign law confirmed “violations of constitutional precepts” and that its return to Parliament is “a renewed opportunity to welcome expert contributions.”

Speaking at the party’s national headquarters in Lisbon, Rui Fernandes, a member of the PCP’s Central Committee’s Political Commission, argued that besides the constitutional issues identified by the Court, the Government’s proposal “does not provide an appropriate response to the problems faced by those choosing our country to live and work.”

“The law’s return to the Assembly of the Republic is a renewed opportunity to listen to expert entities for crafting better solutions to these issues, an aspect that PSD, CDS, and Chega devastated in the original process,” he continued.

Constitutional Court decision is a “victory of justice and humanity over cruelty”

Meanwhile, Fabian Figueiredo, former BE parliamentary leader, asserted that the rejection “symbolizes a victory of justice, of humanity over cruelty,” adding that the decree should be “buried.”

In comments to reporters in Parliament, Fabian Figueiredo argued that with this decree, the Government sought to establish a “law typical of non-democratic regimes,” emphasizing that “in a democracy, family rights are respected” and “children are not separated from their parents.”

The former deputy insisted that “a person who entered Portugal legally” should “be able to bring their spouse and children to build their life” in the country, accusing “the right and the Government” of “wishing to enact complete cruelty that won’t address any problem.”

As of the conclusion of this report, PAN had not yet commented.

Recollecting, the Constitutional Court’s decision followed a request by the President of the Republic for the preventive review of the constitutionality of seven provisions of this decree on July 24.

The decree was criticized by nearly all parties, except PSD, Chega, and CDS-PP, with many considering it unconstitutional and criticizing the legislative process for lacking consultation with immigrant associations or constitutional experts and for the absence of mandatory opinions.

In the request sent by Marcelo Rebelo de Sousa to the Constitutional Court, the President of the Republic requested a preventive review of the constitutionality of provisions regarding the right to family reunification, conditions for exercising it, the time frame for evaluating requests by the Agency for Integration, Migration, and Asylum (AIMA), and the right of appeal.