The Constitutional Affairs Committee of the Assembly of the Republic approved last Friday, July 11, in detail, the amendments to the Foreigners Law, which now go to a final vote in plenary next Wednesday, July 16.
The Government's proposal, which makes immigration policy more restrictive , had the support of the entire parliamentary right – PSD, Chega, CDS-PP and Iniciativa Liberal – and votes against from the left , which accuses the Executive of moving forward with the changes without the mandatory opinions of judicial entities.
Approved measures
The changes include:
- Mandatory residence in Portugal for at least two years to benefit from family reunification ;
- Restriction of work search visas to professionals with “high qualifications” .
Legal controversy and lack of opinions
The session was marked by intense legal and political debate. The left denounced violations of legal norms due to the lack of mandatory opinions from the Superior Council of the Judiciary (CSM) and the Superior Council of Administrative and Fiscal Courts (CSTAF) .
Both bodies reported that they were unable to issue opinions within the required timeframe , but expressed willingness to do so in the coming days. Nevertheless, the majority of the committee decided to proceed with the vote.
The committee's chair , Paula Cardoso (PSD), stated that " I don't think it's ethical or proper to be requesting opinions in two days ." The vice-chair of the Socialist Party , Pedro Delgado Alves, repeatedly insisted that the issue at hand was a matter of legality and compliance with the legal standards approved by the Assembly of the Republic itself. "We've never before believed that mandatory opinions were unnecessary," said Pedro Delgado Alves.
Criticism from the Left
The vote drew criticism from left-wing parties and also from Rui Rocha , from the Liberal Initiative , who, although he voted in favor, warned, “from a common sense perspective”, that without consideration and consideration of the requested opinions, the approved legislation could “be contaminated” by a process for which he said he could not find “reasons as weighty as that”.
The left refused that the legislative process could be carried out through the Government's action, with Isabel Moreira (PS) highlighting the exclusive powers of Parliament in the matter and Pedro Delgado Alves requesting that the Government send the opinions that supported its decision.
Members of Parliament from the Socialist Party (PS), Left Bloc (BE), PCP (PCP), and Livre Party (Livre ) stressed that the lack of opinions compromises the transparency and legality of the legislative process . Mariana Mortágua (BE) requested that the vote on the amendments to the law be postponed until September to allow for the opinions to be received, while respecting the law on the mandatory nature of these opinions: "A law like this cannot leave the Assembly of the Republic tainted like this one will be."
Paula Santos (PCP) argued that the absence of opinions prevented the legislative process from continuing and that the Government's consultation of entities does not eliminate the need for this process to also be carried out by parliament.
Isabel Moreira (PS) was even harsher, stating that “we would be in a bad situation if the Assembly of the Republic became a government secretariat”.
The changes to family reunification also drew criticism from left-wing MPs , with Pedro Delgado Alves warning of the risks it poses to integration and Paulo Muacho (Livre) questioning the urgency of the changes in a process that is stalled due to “clear administrative incapacity”.
Nationality vote postponed
The vote on the proposals on the Nationality Law has been postponed until September , including requests from the PSD and Chega parties for consultation with constitutional experts. A request from the PS (Socialist Party) will also be voted on, requesting that, in addition to constitutional experts, a group of 20 entities and associations that work with foreigners be consulted in writing.
Next steps
After this vote, the enactment will follow, with the President of the Republic having 20 days to make a decision.