The Portuguese Constitutional Court has struck down a controversial bill that aimed to amend the nation’s immigration laws, declaring it unconstitutional. The court’s decision was primarily based on the bill’s limitations on family reunification rights, which clashed with Article 36 of the Portuguese Constitution. This provision guarantees the right to form a family and prohibits separating children from their parents. Additionally, the bill’s restrictions on the ability of individuals to appeal governmental decisions were found to infringe upon Article 20, which ensures access to legal recourse.
Initially approved by the Portuguese parliament on July 16, the revised legislation sought to alter the “Legal Regime for the Entry, Stay and Exit of Foreign Nationals,” significantly impacting asylum seekers and other foreign nationals applying for family reunification. Among the amendments was a change to Article 98, limiting family reunification rights to only minor children, thereby excluding adult family members. Furthermore, the legislation intended to implement a two-year residency requirement before foreign nationals could apply for family reunification.
Moreover, a newly amended Article 101 subsection mandated that family members of foreign nationals meet certain “integration measures,” including learning the Portuguese language and understanding constitutional principles. When an application was lodged, the authorities were permitted up to 16 months to ascertain compliance with the compulsory education requirement, and an appeal against such decisions was highly restricted.
The legislation was part of the government’s broader “Action Plan for Migration,” driven by Prime Minister Luís Montenegro. However, President Marcelo Rebelo de Sousa intervened, expressing concerns about the new law’s disproportionate impact on the principle of family reunion. This led the President to refer the bill to the Constitutional Court, which blocked its implementation. Montenegro has commented that the government intends to continue pursuing its goals and may consider reformulating the law to comply with constitutional requirements. Following the court’s judgment, President de Sousa issued a veto, with further parliamentary discussions expected to resume in September.
While key provisions concerning family reunification were nullified, other aspects of the bill, such as limitations on work visas to “highly qualified migrants,” were not affected by the court’s decision. This ruling is seen as a pivotal moment in Portugal’s ongoing debate about immigration policies, reflecting broader concerns about maintaining constitutional protections while addressing immigration challenges. More information on the ruling can be found in the detailed report by JURIST.