EXPULSION FROM NATIONAL TERRITORY | AUTOMATIC SENTENCING IN A PENALTY OF EXPULSION OF FOREIGNER CONVICTED OF A CRIME | MIGRANT WORKER | BORN IN CAPE VERDE
Constitutional Court, judgment no. 577/94, 26.10.1994
JURISDICTION: Constitutional
CASE: 10/94
SUBJECT: Constitutional appeal
RAPPORTEUR: Ribeiro Mendes
RULING: Rejects the appeal, fully confirming the appealed judgment with regard to the ruling on constitutionality and therefore holding unconstitutional the norm in Article 43(b) of Decree-Law no. 264-B/81, of 3 September 1981.
DOMESTIC LAW:
Portuguese Constitution [Articles 15(1), 30(4), 33]
Constitutional Court Act [Article 70(1)(a)]
Decree-Law no. 582/76, of 22 July 1976 (Article 2)
Decree-Law no. 264-B/81, of 3 September 1981 [Articles 30, 43, 48(1)(a), 69]
Decree-Law no. 430/83, of 13 December 1983 (Article 34)
Decree-Law no. 59/93, of 3 March 1993 [Articles 68, 116(a), 117]
Regulatory Decree no. 49/93, of 15 December 1993
Constitutional Court, judgment no. 224/90, 26.06.1990
Constitutional Court, judgment no. 359/93, 25.05.1993
Constitutional Court, judgment no. 434/93, 13.07.1993
Constitutional Court, judgment no. 442/93, 14.07.1993
INTERNATIONAL LAW: n.a.
FOREIGN LAW: n.a.
KEYWORDS: Expulsion from national territory; automatic sentencing in a penalty of expulsion of foreigner convicted of a crime; migrant worker; born in Cape Verde; Portuguese nationality; homicide; accessory penalty of expulsion; rules on entry, stay, exit and expulsion of foreigners from national territory; foreigners originating from former Portuguese colonies; settled in Portugal for many years; entirely estranged from their country of origin; right to remain in Portuguese territory; rights granted to foreigners irrespective of their stay in Portugal; cases of inequality; status as foreigner; court bound to order the expulsion; extradition; foreigners regularly staying in national territory; pending asylum application; right not to be arbitrarily expelled; differences in status between nationals and non-nationals with regard to certain legal matters; quasi-assimilation of non-nationals to nationals in matters of rights and obligations; loss of civil, professional or political rights; hinder the foreigner’s rights; right to work in Portugal; right to enter and stay in Portuguese territory; foreigner habitually residing in a third country; social report; foreigner residing in Portugal
COMMENTS: Coming soon.
REFERENCES IN THE LITERATURE:
CANOTILHO, J.J. Gomes, e MOREIRA, Vital, Constituição da República Portuguesa Anotada [Annotation to the Portuguese Constitution], vol. I, 4.ª ed. revista, Coimbra, Coimbra Editora, 2007.
MIRANDA, Jorge, e MEDEIROS, Rui, Constituição Portuguesa Anotada [Annotation to the Portuguese Constitution], tomo I, 2.ª ed., Coimbra, Wolters Kluwer/Coimbra Editora, 2010.
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