"It is not by mocking institutions that we improve democracy"

Dalberto Campos Fernandes argued on CNN on Monday night that the Constitutional Court's position on the Foreigners Law "was more political than technical" and argued that parties cannot criticize aggressively whenever an institution goes against their ideas, remembering that this is not the principle of a democracy.

"The State must conform to the transformation of sociological and political majorities. But Chega, AD, PS, and PC must also conform to what is most important in safeguarding freedom and the democratic regime: institutions," he stated, adding that parties cannot "attack the President of the Republic or judge A or B" because, "following the logic of a kind of sports fan club, when they're on our side, they're fantastic; when they're not, they're not."

The socialist was referring to President Marcelo Rebelo de Sousa's decision to veto the Foreigners' Law after the Constitutional Court (TC) declared five laws unconstitutional. This decision was not well received by the parties that voted in favor of the law.

That said, Adalberto Campos Fernandes argued that in "safeguarding the perimeter of the Democratic State and its institutions, there are instruments" that can be used to express displeasure, such as "constitutional review." And in this regard, he noted, "they have the majority to do so."

"It is not by mocking institutions that we improve the functioning of democracy," he argued.

Veto of the Foreigners Law

The President of the Republic, Marcelo Rebelo de Sousa, vetoed, on Friday, the "amendments to Law No. 23/2007, of July 4, which approves the legal regime for the entry, stay, exit and removal of foreigners from the national territory", after the Constitutional Court (TC) announced the unconstitutionality of five norms.

"Following today's ruling by the Constitutional Court, which found five provisions of the diploma that had been subjected to preventive constitutional review to be unconstitutional, the President of the Republic will return to the Assembly of the Republic, without promulgation, in accordance with paragraph 1 of article 279 of the Constitution, the Decree of the Assembly of the Republic that amends Law no. 23/2007, of July 4, which approves the legal regime for the entry, stay, exit and removal of foreigners from the national territory", it informed in a note published on the website of the Presidency of the Republic.

It should be remembered that, during the afternoon of the same day, the Constitutional Court announced the unconstitutionality of five norms that make up the Foreigners Law.

In the request sent by Marcelo Rebelo de Sousa to the TC, the President of the Republic requested preventive review of the constitutionality of the rules on the right to family reunification and the conditions for its exercise, on the deadline for the assessment of requests by the Agency for Integration, Migration and Asylum (AIMA) and the right to appeal.

It should be remembered that the decree was approved on July 16 in the Assembly of the Republic, with favorable votes from PSD, Chega and CDS-PP, abstention from IL and votes against from PS, Livre, PCP, BE, PAN and JPP.

The legislation was criticized by almost all parties, with the exception of PSD, Chega and CDS-PP, with several considering it unconstitutional and criticizing the way in which the legislative process was carried out, without consulting immigrant associations or constitutionalists and with the absence of mandatory opinions.

Read Also: Marcelo returned the Foreigners Law to Parliament today