The decision sets a “serious precedent” for the autonomous regions.
Concern over government-approved changes to drug laws were today ‘validated’ by Portugal’s Constitutional Court – meaning President Marcelo has no choice but to implement them; Leave the autonomous regions – which were never consulted – “left behind”
The Speaker of the Regional Parliament of Madeira believes that the Constitutional Court ” A serious example.
“This decision (…) seriously undermines the interests of the autonomous regions,” José Manuel Rodrigues said in a written statement.
The court upheld the constitutionality of the decree that decriminalized synthetic drugs and established a new distinction between trafficking and consumption.
President Marcelo asked for a “preventive review of the summaries” – and now he has it.
During a public reading held at the Raton Palace in Lisbon, the reporting judge, Carlos Medeiros Carvalho, said that The court “unanimously decided not to decide on the unconstitutionality” of the decree’s regulatory rules. Which, according to Madeira, “follows other (decisions) already taken with a restrictive interpretation of the constitutional and legislative competences” of the autonomous region, this time the situation has worsened “since the President of the Republic raised many doubts”. raised” the non-hearing of Madeira and the Azores” (…) and the Tribunal essentially ignored it.
Carvalho pointed to the words of the former President of the Constitutional Court, João Capers, who, in relation to other similar decisions, held that a “Paternalist Centralist Bias in the Dominant Political Culture”,
After today’s decision, Rodrigues urged all Madeiran politicians to get out of their lethargy and start fighting for autonomy. For a true constitutional amendment.
they argue that It required “expanding the powers of autonomy, clarifying the existing powers and guaranteeing the rights of the Portuguese on the islands”. In the Constitution of the Portuguese Republic and in the Political-Administrative Law of the Autonomous Regions”.
President Marcelo showed that he was not particularly pleased with the Constitutional Court’s decision, but he would legislate nonetheless.
In their request for a review, sent in mid-August, they argued that “with recognized regional specificities, the regimes in question have serious public health implications”.
He also noted “an important administrative dimension bearing on regional organization”.
The law was passed in parliament in July in favor of the PS, IL, BE, PCP, PAN and Livre, against Chega, with the PSD and Socialist representatives María da Luz Rocinha, Carlos Bras, Rui Lage, Fátima Fonseca, Caterina Lobo, María João voting. was approved with. Castro, Tiago Barbosa Ribeiro, Antonio Faria and Joaquim Barreto remained absent.
During the debate in early July, the PSD and the PS justified the Diploma on the decriminalization of synthetic drugs, along with the need to distinguish between traffickers and consumers.Warning of effects of new substances on autonomic regions.
Madeira then asked Marcelo not to legislate, saying that it was in violation of the constitution.
Source material: Lusa