In a speech during a gathering with young people at Largo da Severa in Lisbon, António Filipe addressed the Constitutional Court’s (CC) rejection of the immigration law. He highlighted the “chorus of right-wing criticism against the very legitimacy of the CC to make its decisions.”
“This is extremely serious from a democratic point of view,” he warned, accusing the government and the right-wing majority of wanting to “confront constitutional values.”
“No government, no parliamentary majority, can be above the Constitution and the decisions of the CC. Whether we like them or not – we may disagree with them – but they must be respected,” he argued.
António Filipe specifically mentioned Chega’s call for a demonstration on August 24 against the President’s veto of the immigration law, stating that “when demonstrations are announced to contest the CC’s decision, they are challenging the foundations of the rule of law, of democracy.”
The presidential candidate, supported by the PCP, noted that the CC, throughout its existence since 1982, has maintained “a conservative record of jurisprudence in many aspects,” but he clarified that disagreeing with some of its decisions does not “challenge its constitutional legitimacy to make decisions.”
“That is why I consider it serious for a government, a parliamentary majority, to want to override the Constitutional Court’s decisions and question its legitimacy,” he said.
Later, speaking to journalists, António Filipe stated that the right-wing’s criticisms of the CC are not new, emphasizing that when the judges of Palácio Ratton declared unconstitutional the holiday and Christmas subsidy cuts decided by Pedro Passos Coelho’s government, “there was also an outcry from the government.”
“There were even deputies demanding sanctions against CC judges. We are witnessing the same thing: there is an objection, and from the right-wing majority that approved this legislation — PSD, CDS, Chega — comes an outcry contesting the CC’s legitimacy,” he remarked.
António Filipe asserted, however, that the CC has “unassailable constitutional legitimacy, and therefore, questioning the legitimacy of the CC to exercise its powers is questioning a foundation of the rule of law.”
The presidential candidate emphasized that the separation of powers is “a fundamental issue in democracy” because, “without the separation of powers, there is no democratic regime,” and the Republic’s Constitution provides “a balance of sovereign bodies that does not allow one sovereign body to override all others.”
“And what we are witnessing is the parliamentary majority and the government wanting to override the other sovereign bodies, and that cannot happen,” he reinforced.
In his speech to the youth, who made several interventions lamenting the lack of investment in sports, job insecurity, the lack of climate measures, or women’s rights, António Filipe advocated that “what young people need is a President of the Republic who stands by them against those who want to confront the Constitution.”
“And in that confrontation, I will be a candidate for the Presidency of the Republic, confronting these concepts, resisting those who want to subvert the constitutional democratic regime, in a reactionary agenda that is underway,” he assured, amid applause from the youth.
