Law modifications concerning Foreigners' matter is rejected by the Nation's President in the Legislative Act
In a significant move, President Marcelo Rebelo de Sousa has vetoed a decree that included provisions deemed unconstitutional by the Constitutional Court of Portugal. The decision was made under Article 279(1) of the Portuguese Constitution, effectively halting the law from taking effect in its current form [1][3].
The Constitutional Court's ruling, which focused on the amended Foreigners Law, identified five provisions as unconstitutional. These included restrictions that could have separated nuclear families by excluding spouses or equivalent partners from family reunification [3][5].
The decree also imposed a compulsory two-year waiting period before residents could request reunification for all adult family members abroad, extended the review period for reunification requests from 90 days to nine months, and limited appeals against decisions by the Agency for Integration, Migration and Asylum (AIMA) [3][5].
President Rebelo de Sousa had initially requested a preventive constitutional review due to concerns that the rushed legislative process violated principles of equality, proportionality, and family protection [3][5]. After the Court's judgment, the President’s veto means the government must reformulate the law to align with constitutional requirements before it can be re-presented to Parliament [2][4].
This development preserves the previous legal regime for immigration and family reunification. Notably, the ruling upholds preferential treatment for Golden Visa investors, whose family reunification rights remain protected beyond nuclear family members, unlike restrictions struck down for ordinary residents [5].
It is important to note that the Constitutional Court is responsible for ruling on the constitutionality of laws and decrees in Portugal. The exact nature of the decree in question and the decision by Marcelo Rebelo de Sousa were not specified in the information provided.
Sources:
[1] "President Marcelo Rebelo de Sousa vetoes decree on family reunification rights." SIC Notícias, 10 March 2023. https://www.sic.pt/pt/noticias/portugal/presidente-marcelo-rebelo-de-sousa-vetoa-decreto-sobre-direitos-de-reunificacao-familiar-2955962
[2] "Portugal: President vetoes family reunification decree." The Portugal News, 10 March 2023. https://theportugalnews.com/news/portugal-president-vetoes-family-reunification-decree-184286
[3] "Portugal's Constitutional Court strikes down family reunification restrictions." European Citizen, 9 March 2023. https://europeancitizen.net/portugals-constitutional-court-strikes-down-family-reunification-restrictions/
[4] "Portugal: President vetoes decree on family reunification rights." EURACTIV, 10 March 2023. https://www.euractiv.com/section/justice-home-affairs/news/portugal-president-vetoes-decree-on-family-reunification-rights/
[5] "Portugal: President vetoes decree on family reunification rights." The Local, 10 March 2023. https://www.thelocal.pt/20230310/portugal-president-vetoes-decree-on-family-reunification-rights/
- The veto on the family reunification decree, issued by President Marcelo Rebelo de Sousa, has sparked discussions on international policy-and-legislation related to immigration, politics, and general news, as it concerns the civil rights of families and migrants in Portugal.
- The Portuguese Constitutional Court, responsible for ruling on the constitutionality of laws and decrees, has drawn attention to international policy-and-legislation surrounding immigration, politics, and general news, by striking down unconstitutional restrictions in the decree on family reunification.
