Not really interesting reading, but included here because this information is crucial to prove and defend the rights of those entitled to enjoy the benefits of EU membership, in other member states.
These are are not the complete laws that cover individuals rights and duties, but do provide references to research further information.
These will provide the legal basis for challenging attempts to ethnically cleanse Portugal, as stated by the extreme right political party “Chega”, whilst Portugal is a member of the European Union.
The Portuguese Constitution, enacted in 1976 and subsequently amended, lays down the fundamental principles and rights within the Portuguese Republic. While it doesn’t have specific sections dedicated solely to “immigrants” or “free movement within the EU” in the way that specific laws do, it establishes overarching principles that are relevant to these topics:
Regarding Foreigners and EU Citizens (Relevant Articles):
* Article 15 (Foreigners, stateless persons, European citizens): This is a crucial article. It states:
* “Foreigners and stateless persons who find themselves or who reside in Portugal enjoy the same rights and are subject to the same duties as Portuguese citizens.” This establishes a principle of equality, although it can be subject to exceptions defined by law (e.g., political rights like voting, which may have specific conditions or reciprocity agreements).
* “Under reciprocal terms, the law may accord foreigners who reside in Portugal the eligibility to vote for and stand for election as officeholders of local authority organs.” This allows for the possibility of granting voting rights to foreign residents at the local level, based on agreements with their home countries.
* “Citizens of European Union member states enjoy, in Portugal, the rights that are conferred upon them by the treaties and by the law.” This directly addresses EU citizens, acknowledging their specific rights derived from EU law, including the right to free movement and residence.
* Article 33 (Deportation, extradition and right of asylum): While focusing on limitations of state power, this article also touches on the rights of foreigners:
* It prohibits the deportation of Portuguese citizens.
* It states that the deportation of those who have legally entered or reside in Portugal, have a residence permit, or have an asylum request pending can only be ordered by a judicial authority, ensuring due process.
* It guarantees the right of asylum to foreigners and stateless persons facing persecution due to their activities in favor of democracy, social and national liberation, peace among peoples, freedom, or human rights.
* Article 44 (Right to travel and to emigrate):
* While primarily focused on Portuguese citizens, guaranteeing their right to travel and settle freely within Portugal and to emigrate and return, this right implicitly acknowledges the movement of people across borders.
* Article 12 (Principle of universality): States that every citizen enjoys the rights and is subject to the duties enshrined in the Constitution. While Article 15 extends many of these rights to foreigners, Article 12 establishes the baseline for citizens.
* Article 13 (Principle of equality): Prohibits discrimination based on various grounds, including origin, which is relevant to the treatment of foreigners.
Regarding Free Movement within the EU:
The Constitution itself doesn’t detail the specifics of free movement within the EU. However, Article 15(3) explicitly recognizes that EU citizens enjoy the rights conferred upon them by the EU Treaties and Portuguese law. This means that the rights to enter, reside, work, and equal treatment for EU citizens in Portugal are primarily derived from Directive 2004/38/EC (as discussed previously) and its transposition into Portuguese law (primarily Law No. 37/2006), as mandated by Portugal’s membership in the European Union, which is a constitutional reality.
In Summary:
The Portuguese Constitution lays the groundwork for the treatment of foreigners and EU citizens in Portugal through principles of equality and by acknowledging the specific rights granted by EU law. It guarantees fundamental rights and due process to all individuals within Portuguese territory, including non-citizens, while also recognizing the distinct status and rights of EU citizens under the framework of the European Union. The specifics of entry, stay, and other aspects of immigration and free movement are then detailed in specific laws and regulations.
While there isn’t one single law that encompasses all aspects of immigration in Portugal with a specific reference number like a “Portuguese Immigration Act,” the legal framework is comprised of several key pieces of legislation. Here’s an overview of some important laws and what they generally cover:
Key Laws and Regulations:
* Law No. 23/2007, of 4 July: This law, often referred to as the “Immigration Law,” establishes the legal regime for the entry, stay, exit, and removal of foreign nationals from Portuguese territory. It outlines different types of visas (short-stay, temporary stay, residence), conditions for entry and stay, family reunification, and the process for obtaining residence permits. Regulatory Decree No. 84/2007 of 5 November further regulates this law.
* Law No. 37/2006, of 9 August: This law regulates the freedom of movement and the right of residence of European Union citizens and their family members, transposing Directive No. 2004/38/EC. It details the rights and obligations of EU citizens residing in Portugal. It has been amended by Decree-Law No. 41/2023, of June 2, which created the Agency for Integration, Migration and Asylum (AIMA).
* Decree-Law No. 10-A/2020, of 13 March (as amended): This decree-law has introduced temporary measures related to the validity of documents and visas due to the pandemic. Importantly, Article 16, paragraphs 1 and 8, currently states that documents and visas related to stay in Portugal that expired after February 22, 2020, are valid until June 30, 2025, and are accepted by Portuguese authorities for all legal purposes. This includes residence permits, EU citizen registration certificates, residence cards, and various types of visas.
* Regulatory Decree No. 1/2024, of 17 January: This decree modifies the regulation of the Law on Foreigners (Law No. 23/2007). The specifics of these modifications would require a detailed review of the decree.
* Decree-Law No. 37-A/2024, of 3 June: This recent decree revokes the procedures for residence permits based on the expression of interest. This signifies a change in how some immigrants can regularize their status in Portugal.
* Various Ordinances and Orders address specific aspects of immigration, such as procedures for student visas, the Tech Visa program, the Startup Visa program, and the now-defunct Golden Visa program (ARI). Examples include Ordinance No. 111/2019, of 12 April (foreign students visas) and Legislative Order No. 4/2018, of 2 February (Startup Visa).
What These Laws Generally Say:
These laws collectively establish the rules and procedures for:
* Entry into Portugal: Defining who needs a visa, the types of visas available (tourist, work, study, family reunification, etc.), and the requirements for each.
* Staying in Portugal: Regulating the conditions for temporary and permanent residence permits, their validity and renewal processes, and the rights and obligations of residents.
* Working in Portugal: Outlining the requirements for work visas and permits, and the rights of foreign workers.
* Family Reunification: Specifying the conditions under which family members of legal residents can join them in Portugal.
* Removal from Portugal: Defining the grounds and procedures for the expulsion or deportation of foreign nationals.
* Rights of Immigrants: While not a single document, the body of these laws, along with general Portuguese law and international agreements, grants immigrants certain rights, including access to essential services like healthcare and education, and protection under labor laws. However, the specifics can vary based on their legal status.
* Integration: Recent policy changes and discussions indicate a growing focus on the integration of immigrants into Portuguese society, including language training and access to services.
Important Considerations:
* Immigration law is subject to change, so it’s crucial to consult the most up-to-date official sources or legal professionals for specific situations.
* The Agency for Integration, Migration and Asylum (AIMA) is now the primary government agency responsible for immigration and asylum matters in Portugal, having replaced the former SEF (Serviço de Estrangeiros e Fronteiras).
This section on the Schengen Agreement is for completeness only, as it really only covers the practical aspects of individuals moving between countries .
The term “Schengen” primarily refers to two key elements:
* The Schengen Agreement and the Schengen Convention: These are the foundational treaties that led to the creation of the Schengen Area.
* Signed in Schengen, Luxembourg in 1985 and 1990 respectively, by an initial group of European countries (Belgium, France, Germany, Luxembourg, and the Netherlands).
* Their core aim was the gradual abolition of checks at their internal borders and the introduction of freedom of movement for people.
* They also laid down rules for harmonizing visa policies, strengthening external border controls, and fostering police and judicial cooperation.
* The Schengen Area: This is the zone comprising 29 European countries that have abolished passport and other types of border control at their mutual borders.
* It functions largely as a single jurisdiction for international travel with regard to internal border controls.
* Who can travel freely within the Schengen Area?
* Citizens of Schengen countries: Can cross internal borders without passport checks. However, carrying an ID card or passport is still recommended as identity checks can occur.
* Third-country nationals holding a valid Schengen visa: Can generally travel freely within the Schengen Area for up to 90 days in any 180-day period. The visa is usually issued by the first Schengen country of entry.
* Third-country nationals with a valid residence permit from a Schengen country: Can generally travel to other Schengen countries for up to 90 days in any 180-day period.
Key Aspects of the Schengen Framework:
* Abolition of Internal Border Controls: This is the most visible aspect, allowing for seamless travel between Schengen countries.
* Strengthening of External Border Controls: As internal borders are relaxed, external borders of the Schengen Area are reinforced with stricter checks to ensure security.
* Common Visa Policy: The Schengen Area has a common policy for short-stay visas, allowing a single visa to be valid for travel within the entire zone.
* Schengen Information System (SIS): This is a large-scale, computerized database used by Schengen countries to share information on individuals and objects for purposes of border control, law enforcement, and judicial cooperation. It contains alerts on wanted or missing persons, criminals, and stolen property.
* Police and Judicial Cooperation: The Schengen framework facilitates cooperation between law enforcement agencies and judicial authorities of member states to combat crime and enhance security.
Member Countries of the Schengen Area (as of May 2025):
* Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.
Important Considerations:
* While internal border controls are generally abolished, temporary controls can be reintroduced by member states in exceptional circumstances for a limited period due to security concerns or public order.
* The rules of the Schengen Area apply to short stays (up to 90 days). Long-term stays (e.g., for work or study exceeding 90 days) are governed by the national immigration laws of the specific Schengen country.
* Not all EU member states are part of the Schengen Area (e.g., Ireland and Cyprus). Similarly, some non-EU countries (Iceland, Liechtenstein, Norway, and Switzerland) are part of the Schengen Area.
In essence, “Schengen” signifies a zone of passport-free travel across much of Europe, underpinned by agreements on border security, visa policies, and law enforcement cooperation. It facilitates the movement of people for tourism, business, and personal reasons, making travel within the area significantly easier for millions of people.
Healing Madeira 