Presidential candidate António Filipe expressed on Friday that the unconstitutionality of five provisions in the Parliament’s decree regarding the entry, stay, and departure of foreigners from Portugal, as announced by the Constitutional Court, reflects the importance of upholding the Constitution.
This statement was shared in a post on the social media platform X (formerly Twitter).
“The decision made today [Friday] by the Constitutional Court to declare the unconstitutionality of the amendments to the ‘foreigners’ law’ approved by the majority of PSD/CDS/CH is a clear demonstration that defending the Constitution is worthwhile,” wrote the presidential candidate supported by the PCP.
A decisão hoje tomada pelo Tribunal Constitucional de declarar a inconstitucionalidade das alterações à “lei de estrangeiros” aprovadas pela maioria PSD/CDS/CH é uma demonstração cabal de que vale a pena defender a Constituição.
— Antonio Filipe (@AntonioFilipe) August 8, 2025
The President of the Republic vetoed on Friday the parliamentary decree approving the legal regime for the entry, stay, departure, and expulsion of foreigners from national territory after the Constitutional Court announced the unconstitutionality of five provisions.
“Following today’s Constitutional Court ruling, which found five provisions of the bill submitted for prior constitutional review to be unconstitutional, the President of the Republic will return, without promulgation, under Article 279, No. 1 of the Constitution, the Parliamentary Decree that amends Law No. 23/2007, of July 4, which approves the legal regime for the entry, stay, departure, and expulsion of foreigners from national territory,” stated a note on the Presidency of the Republic’s website.
Marcelo Rebelo de Sousa vetoed the Foreigners’ Law this Friday, thus returning the diploma to the Assembly of the Republic following the Constitutional Court (TC) announcement of the unconstitutionality of five provisions.
Maria Gouveia | 18:37 – 08/08/2025
This decision by Marcelo Rebelo de Sousa came minutes after the judges from Palácio Ratton announced the rejection of the five provisions of the decree.
The President of the Republic submitted to the Constitutional Court the decree amending the legal regime for the entry, stay, departure, and expulsion of foreigners from national territory on July 24. Marcelo Rebelo de Sousa had doubts regarding its constitutionality.
Carolina Pereira Soares with Lusa | 18:20 – 08/08/2025
The TC’s decision arises from a request by the President of the Republic for a prior constitutional review 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 bill was criticized by almost all parties except PSD, Chega, and CDS-PP, with several deeming it unconstitutional and criticizing the legislative process, which proceeded without consulting immigrant associations or constitutional experts and without mandatory opinions.
In the request sent by Marcelo Rebelo de Sousa to the TC, the President of the Republic requested a prior constitutional review of the provisions concerning the right to family reunification and conditions for its exercise, the deadline for the consideration of requests by the Agency for Integration, Migration and Asylum (AIMA), and the right of appeal.
