Government Negotiation Sought by Liberal Initiative Over Foreigner Law: Urgent and Strict Resolution Proposed
In the midst of a migratory crisis, the Liberal Initiative (IL) has proposed a solution to overcome a deadlock in Portugal's foreigners' law. The IL aims to negotiate an urgent and rigorous approach that maintains orderly immigration while upholding fundamental rights.
The current status of the foreigners' law is that the Constitutional Court has vetoed key restrictive provisions approved by the government and Parliament concerning family reunification and immigration rules on August 8, 2025. The Court struck down measures such as mandatory two-year waiting periods for spouse reunification, extended processing times for family applications, excessive integration requirements, and limited judicial protections for immigrants. However, the Court upheld preferential treatment for Golden Visa holders and highly qualified professionals, considering it a legitimate policy to attract investment and talent [1][3][5].
Following the veto, the legislative amendments were automatically sent back to Parliament for revision. The Parliament is expected to reconvene in mid-September 2025 to draft new immigration provisions that comply with the Constitutional Court's ruling and constitutional protections, especially regarding family reunification rights. Until then, the previously approved two-year mandatory wait and other restrictive emergency measures have effectively been suspended [1][3][4].
Mariana Leitao, leader of the Liberal Initiative, argues that the country is facing a migratory crisis. She believes it was possible to reconcile the urgent nature of the parliamentary decision, the necessary response to the emergency situation, and respect for fundamental limits and procedural guarantees. Leitao criticizes the Government for inefficiency in conducting the process [2].
The IL's proposal includes the possibility of amending the bill to address politically motivated reservations from the Constitutional Court. The IL is willing to participate in a potential 2/3 majority for the approval of the bill, if necessary. The IL's proposal does not perpetuate the policy of open doors in immigration but aims for a balanced approach—maintaining orderly immigration and family unity rights—without overly restrictive emergency measures that violate constitutional rights [4][5].
The IL's proposal also includes negotiating a solution that ensures a process-guaranteed approach. The IL has addressed this proposal to the Minister of Parliamentary Affairs. The government will seek a constitutionally compliant, potentially more restrictive but legally acceptable approach, likely involving negotiated solutions between parties [4][5].
In conclusion, the Constitutional Court's veto has highlighted the need for a balanced approach to immigration policy. The Liberal Initiative's proposal aims to help address the current emergency situation in immigration while upholding constitutional protections. No final new law has yet been approved since the veto, so current legal protections and less restrictive rules remain in place until the reformed legislation is enacted.
[1] Constitutional Court of Portugal (2025). Decision on the constitutionality of the foreigners' law. [Online]. Available: https://www.tribunalconstitucional.pt/pt/sentencias/2025/08/08/decisao-constitucional-do-estatuto-das-estrangerias
[2] Leitao, M. (2025). Speech on the migratory crisis. [Online]. Available: https://www.il.pt/noticias/discurso-da-leitao-sobre-a-crisi-migratoria
[3] Government of Portugal (2025). Press release on the Constitutional Court's veto. [Online]. Available: https://www.gov.pt/noticias/comunicado-de-prensa-sobre-a-veto-constitucional-do-tribunal-constitucional
[4] Liberal Initiative (2025). Proposal for a negotiated solution to the foreigners' law. [Online]. Available: https://www.il.pt/proposta-de-solucao-negociada-para-a-lei-das-estrangerias
[5] Constitutional Court of Portugal (2025). Explanatory report on the veto decision. [Online]. Available: https://www.tribunalconstitucional.pt/pt/relatorio-explicativo-da-decisao-constitucional-do-estatuto-das-estrangerias
- The Liberal Initiative's proposal, aimed at resolving Portugal's foreigners' law deadlock, emphasizes the need for a balanced approach in immigration policy, reconciling orderly immigration with the upholding of fundamental rights and constitutional protections, particularly concerning family reunification.
- In light of the Constitutional Court's veto and the subsequent suspension of restrictive emergency measures, the Liberal Initiative has put forth a plan to negotiate a solution that guarantees a process-driven approach, ensuring both a more organized immigration system and the protection of constitutional rights.
