The proposal to “improve and enhance” the government’s legislation aimed at transposing an EU directive on combating the dissemination of terrorist content gained unanimous support from the Constitutional Affairs Committee today.
In his initial remarks, Socialist Party vice-president Pedro Delgado Alves, serving as rapporteur, referenced opinions from entities like the Superior Council of the Judiciary, the Superior Council of the Public Prosecutor’s Office, and the National Data Protection Commission. All underscored concerns regarding potential constitutional issues arising because the government assigned the authority for blocking and suppression to a criminal police body without prior judicial intervention.
Pedro Delgado Alves highlighted that this constitutional issue, due to the lack of pre-judicial oversight, especially concerning the defense of constitutional values such as freedom of expression and information, had already been raised in the previous legislative term.
The PS vice-president noted that the Bar Association changed its stance in a matter of months, now viewing the executive’s proposal as “balanced.”
Pedro Delgado Alves proposed a solution to align constitutional values with the urgency faced by law enforcement in counter-terrorism. This solution might allow immediate police action, provided the procedure is subject to judicial review within 24 or 48 hours.
Subsequently, Social Democratic representative Paulo Marcelo stressed the urgent need for transposing this law into national legal frameworks to equip police with the ability to counter the spread of terrorist material. However, he expressed openness to “improvements” to ensure compliance with the Fundamental Law.
“When facing a severe threat requiring urgent response, we cannot wait days or weeks for a judicial decision. In certain situations, there must be an immediate police response to the terrorist threat, without prejudice to subsequent judicial confirmation,” he emphasized.
Former Liberal Initiative leader Rui Rocha shared concerns noted in the report regarding the precarious nature of state authority oversight related to freedom of speech and information rights.
“We understand the security threats, but the state’s adaptation to the new reality of terrorism should not forgo judicial oversight. The times we live in are challenging for freedom of expression. As a liberal, I always start from a position of distrust towards the state,” he explained.
As advocated by Paulo Marcelo and Pedro Delgado Alves in their statements, the remaining deputies unanimously agreed to forward the proposal for executive discussion while anticipating possible amendments during the specialized session of the Constitutional Affairs Committee.
