Lisbon, July 23, 2025 (Lusa) - Lawyer and university lecturer Patrícia Jerónimo believes that the amendments to the Portuguese law on foreigners, approved by Parliament and currently being analysed by the Presidency, contain irregularities and may violate the Constitution.
According to the University of Minho lecturer, the issue at stake is the absence of mandatory expert opinions in the approval process and limitations on access to justice contained in the amendments to the "legal regime governing the entry, stay, departure and removal of foreigners from national territory".
"From a procedural point of view, there were irregularities" in the parliamentary approval of the bill, due to the fact that "mandatory expert opinions were not requested," explained Patrícia Jerónimo, in statements to Lusa.
At issue are the opinions of the Superior Council of Magistrates (CSM) and the Superior Council of Administrative and Tax Courts (CSTAF), requested with a deadline of only two days, but also the failure to hear constitutional experts and immigrant associations, as formally requested by the opposition parties.
The bodies have already informed parliament that they were unable to issue a legal opinion in such a short time.
In addition, the new law reduces the right of appeal to the courts for those who have been subject to rulings by the Agency for Integration, Migration and Asylum (AIMA), something that could cause the bill to violate the "right of access to justice," warns the researcher, who has a thesis on migration and citizenship in Portugal, the European Union and the Portuguese-speaking world.
‘Not being able to appeal to the courts against a family reunification decision is highly problematic’ because, according to general law, "administrative decisions are always open to appeal to the courts," said the professor, who specialises in migration.
Today, politicians have the illusion that they can create a fortress in Europe, but “things are more complex” because “migration routes do not end, they divert”, but “the pressure will remain and the country needs labour”.
In the past, “Portugal was somewhat protected from migratory pressure because there were other more desirable destinations from a geographical and financial point of view”.
In the late 1990s and early 2000s, Portugal experienced a first wave of migration from Eastern Europe and outside the Portuguese-speaking world, which was seen by many Portuguese, with a sense of pride, as a sign that the country had "joined the club of the rich" and was attractive from the point of view of economic immigrants.
The presence of these immigrants sparked, for the first time, a debate on the integration of foreigners, leading to public policies based essentially on teaching the Portuguese language.
At that time, “Portugal seemed like a highly inclusive country” and this “fit in with a certain idea of a welcoming, multicultural and tolerant country”, something that has changed in recent years as the countries of origin of immigrants have changed.
“We also began to experience a wave of anti-foreigner sentiment, and the legal responses followed suit”: party leaders “took up the idea that it is politically useful to demonise immigrants”, she said.
Despite everything, in Portugal, most politicians “still express concern in their speeches and show some humanity” towards immigrants, arguing that this tightening of the laws aims to create a “cohesive and integrated society”.
The changes to the rules on family reunification, postponing applications for two years after the granting of residence permits, are a sign of this change in attitude on the part of the Portuguese state.
The "European directive establishes guidelines for family reunification" and Portugal had the most favourable solution for applicants within these limits, because "there is nothing wrong with immigrants bringing their nuclear family" to live with them.
“Now, a solution has been chosen that leaves immigrants living alone, and this will bring integration costs,” said the lawyer, considering that “it was preferable to have families” rather than isolated individuals.
However, this also requires resources from the State, with investment in public services, because “responsibility cannot be placed solely on immigrants”, argued Patrícia Jerónimo, recalling that the European Commission itself has insisted that integration is a two-way process, requiring efforts from both immigrants and the host society.
One of the criticisms of the bill under consideration by the President, Marcelo Rebelo de Sousa, is the end of preferential treatment for immigrants from the Community of Portuguese Language Countries (CPLP).
“The parliamentary debate was curious: the parties on the right are the most traditional in defending the Portuguese-speaking world” and they were the ones who approved “this step backwards that we now have”, because “access to Portuguese territory becomes more difficult”.
From now on, all work visas must be issued in the countries of origin and those who enter with another type of visa cannot change their status in Portuguese territory.
However, the lawyer points out that this change does not call into question the organisation's mobility agreement, because it is a treaty that "allows great latitude to member states" in how they implement it.
“Portugal was at the forefront and seemed very committed to promoting the agreement, and now it is backtracking on the rights it enshrined in law under that agreement,” she said, while admitting that the treaty “is not a legal straitjacket for the Portuguese state”.
PJA/AYLS // AYLS
Lusa
