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
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