“A group of parliamentary members can request a preventative review of the constitutionality, as long as a certain number of signatures are gathered. This is what occurred, and therefore, the process follows constitutional guidelines,” stated Gouveia e Melo.
During a visit to the Municipal Aerodrome of Ponte de Sor, Portalegre district, Gouveia e Melo was asked if he would send the law to the Constitutional Court if he were in the President’s position. He questioned whether Article 13 of the Constitution is safeguarded in the process.
“The matter that arises, although I am not a legal expert, is whether, once nationality is granted to an individual, that individual is equal under the law to other citizens who already possess nationality. In my view, all individuals should be equal before the law, with the same rights and obligations, as stated in Article 13 of the Constitution,” he remarked.
“If the law being approved contradicts this fundamental principle, it might create an issue. Either a part of the Assembly of the Republic, a parliamentary group, or the President himself might request preventative verification,” he added.
The presidential candidate emphasized that this is a “necessary law” for the country and expressed hope for its speedy resolution and implementation.
“It is crucial for the law to advance and be resolved swiftly, addressing any potential constitutional issues to facilitate its application,” he advocated.
The candidate further stressed the urgency for the law’s enactment, referencing past challenges with uncontrolled borders impacting regulated immigration.
“We have experienced a somewhat uncontrolled phase with our borders, affecting the concept of regulated and controlled immigration. I believe this law is vital because, without it, we remain under a previous framework that has caused issues,” he observed.
The President of the Republic declared on Thursday that, following a request by the PS for preventative scrutiny of the Nationality Law, he would await the Constitutional Court’s decision before considering the law politically.
Marcelo Rebelo de Sousa, responding to journalists after an event by the Portuguese Olympic Committee in Lisbon, indicated he had just learned the PS parliamentary group would seek preventative examination of the parliamentary decree amending the Nationality Law.
“The President’s role regarding this law is to wait for the Constitutional Court, at the request of roughly 50 deputies, to schedule, distribute, and rule on the matter, and then forward it to the President of the Republic,” he explained.
“If deemed unconstitutional by the court, the President is obligated to veto. If not, the President then has a period to potentially contemplate the law politically,” added the head of state.
The decree amending the Nationality Law and another stipulating nationality loss as an accessory penalty, originally proposed by the PSD/CDS-PP Government, were approved on October 28 with 157 votes from PSD, Chega, IL, CDS-PP, and JPP, and 64 votes against from PS, Livre, PCP, BE, and PAN. The decrees were sent to the Palácio de Belém on Tuesday.
