EXPULSION FROM NATIONAL TERRITORY | PROHIBITION OF AUTOMATIC ACCESSORY PENALTIES | CAPE-VERDEAN CITIZENS
Constitutional Court, judgment no. 288/94, 23.03.1994
JURISDICTION: Constitutional
CASE: 485/93
SUBJECT: Constitutional appeal
RAPPORTEUR: Bravo Serra
RULING: Grants the appeal on the grounds that the norm in Article 34(2) of Decree-Law no. 430/83, of 13 December 1983, is unconstitutional, when interpreted with the meaning that the conviction of a foreigner authorised to reside in Portugal for the crime in Article 23(1) necessarily leads to his or her expulsion from the country. Orders that the appealed judgment be amended in accordance with the ruling on unconstitutionality.
DOMESTIC LAW:
Portuguese Constitution [Articles 15(3), 30(4)]
Law no. 28/82, of 15 November 1982 [Article 78-A(1)]
Criminal Code (Article 260)
Code of Criminal Procedure (Article 434)
Decree-Law no. 207-A/75, of 17 April 1975 [Article 3(1)(f)]
Decree-Law no. 524-G/76, of 5 July 1976
Decree-Law no. 524-J/76, of 5 July 1976
Decree-Law no. 430/83, of 13 December 1983 [Articles 23(1), 34]
Decree-Law no. 212/92, of 12 October 1992
Decree-Law no. 59/93, of 3 March 1993 (Articles 5 to 10)
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; prohibition of automatic accessory penalties; Cape-Verdean citizens; drug trafficking; penalty applicable to all foreigners without discrimination; Friendship and Cooperation Agreement with Cape Verde; citizens of Portuguese speaking countries; right to remain and work in Portugal; loss of civil, professional or political rights; status of foreigners in Portugal; citizens of EU Member States residing in Portugal
COMMENTS: Coming soon.
REFERENCES IN THE LITERATURE: n.a.
Download the ruling.
EN 
PT