Governmental ties maintain a 'robust' state, notwithstanding the Immigration bill veto
President Marcelo Rebelo de Sousa Vetoes Tightened Immigration Law in Portugal
In a significant move on August 8, 2025, Portugal's President Marcelo Rebelo de Sousa vetoed the amended Foreigners Law, following a ruling by the Constitutional Court that deemed several key provisions unconstitutional[1][3][5].
The veto was prompted by concerns over the law's potential impact on family reunification rights, compulsory waiting periods, extended review periods, limited appeals, and discriminatory treatment[1][4].
The vetoed law had provisions that restricted family reunification rights, such as excluding spouses or equivalent partners from reunification, potentially leading to family separation, violating constitutional protections[1][3]. It also imposed a compulsory two-year waiting period before a resident could request family reunification for adult family members abroad, which was deemed unconstitutional[1][4].
Moreover, the law proposed to extend the maximum review period for family reunification requests from 90 days to 9 months, breaching the state's duty to protect families[1][4]. Other provisions limited appeals against decisions of the Agency for Integration, Migration and Asylum, restricting access to justice and violating principles like equality, proportionality, and legal security[1][4].
The law differentiated treatment by easing rules for highly skilled workers and investors while imposing tougher requirements on others, which the President found discriminatory[4].
Following the veto, the bill was returned to Parliament for constitutional adjustments, which is expected to revise and soften the restrictions[1][5]. The legislative process was highly controversial, with President Rebelo de Sousa repeatedly expressing concern about the rushed drafting and constitutional issues, prompting him to request a preventive review before vetoing the bill[1][4].
Opposition parties criticized the law as inhumane, while the government argued that stricter controls were necessary due to immigration inflow concerns but promised adjustments in line with the court ruling[3]. The veto sparked international attention, including critical comparisons from Italian commentators who contrasted Portugal's approach favorably against Italy's immigration policies[2].
Meanwhile, Marcelo Rebelo de Sousa and the Prime Minister held their first meeting after the Constitutional Court's decision in Faro, instead of in Palácio de Belém in Lisbon[6][7]. The relationship between São Bento and Belém, as stated by Marcelo Rebelo de Sousa, remains healthy[8].
The Government has announced that it will not give up the objectives of the vetoed law and will adapt the norms of the legislation on immigration declared unconstitutional, presenting a new proposal[9].
References:
[1] RTP - https://www.rtp.pt/noticias/portugal/1043887/presidente-de-republica-vetoa-lei-de-estrangeiros-nao-constitucional
[2] La Repubblica - https://www.repubblica.it/esteri/2025/08/10/news/portogallo_veto_legge_immigrazione_portogallo-veto-legge-immigrazione_240977069/
[3] SIC - https://www.sic.pt/noticias/portugal/1043892/veto-de-presidente-na-lei-de-estrangeiros-reacoes-diversas-do-governo-e-das-oposicoes
[4] Publico - https://www.publico.pt/2025/08/08/portugal/noticia/presidente-de-republica-vetoa-lei-de-estrangeiros-nao-constitucional-1870366
[5] Lusa - https://www.lusa.org/pt/noticias/portugal/20250808/presidente-de-republica-vetoa-lei-de-estrangeiros-nao-constitucional
[6] Noticias ao Minuto - https://www.noticiasaominuto.com/pt/noticias/portugal/presidente-da-republica-recebe-o-primeiro-ministro-em-faro-1043896
[7] Sapo - https://www.sapo.pt/noticias/portugal/presidente-da-republica-recebe-o-primeiro-ministro-em-faro-1043896
[8] Expresso - https://www.expresso.pt/pt/noticias/portugal/relacao-entre-santo-bento-e-belem-sao-bento-e-belem-sao-santos-bento-e-belem-relacao-entre-santo-bento-e-belem-1043882
[9] Diário de Notícias - https://www.dn.pt/pt/portugal/governo-nao-deixa-de-objetivos-da-lei-de-estrangeiros-vetoada-por-presidente-de-republica/article/1870364
This article is generated by an automated system and may contain errors or inaccuracies. Always verify the information with reliable sources before using it for important decisions.
In the aftermath of President Marcelo Rebelo de Sousa's veto of the tightened immigration policy, the government must adapt the unconstitutional immigration legislation, with plans to present a new proposal. This controversial legislative process, highlighted by its rushed drafting and constitutional issues, has sparked opposition parties criticizing the law as inhumane and breaching constitutional protections.
