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LEGAL AID | RIGHT TO ASYLUM | REFUGEE STATUS | PRINCIPLE OF EQUALITY | LACK OF FAMILIARITY WITH THE PORTUGUESE LANGUAGE

 

Constitutional Court, judgment no. 338/95, 22.06.1995

 

JURISDICTION: Constitutional

CASE: 537/94

SUBJECT: Constitutional appeal

RAPPORTEUR: Ribeiro Mendes

RULING: Rejects the appeal after concluding that Article 7(2) of Decree-Law no. 387-B/87, of 29 December 1987, and Article 1(1)(2) of Decree-Law no. 391/88, of 26 October 1988, are in breach of the Constitution for denying legal aid, in the form of legal representation, to asylum applicants who wish to lodge a judicial appeal against the administrative decisions which turn down their asylum applications.

DOMESTIC LAW:

Portuguese Constitution [Articles 15, 20, 33(6), 268(4)]

Constitutional Court Act [Article 70(1)(a)]

Law no. 70/93, of 29 September 1993 [Articles 2, 7, 13 to 16, 17(2), 19, 35 to 37]

Decree-Law no. 267/85, of 16 July 1985 (Article 5)

Decree-Law no. 387-B/87, of 29 December 1987 [Articles 1(1), 7, 8, 15, 22(2), 23]

Decree-Law no. 391/88, of 26 October 1988 (Article 1)

INTERNATIONAL LAW:

Convention Relating to the Status of Refugees, 1951 (Article 16)

FOREIGN LAW: n.a.

KEYWORDS: Legal aid; right to asylum; refugee status; principle of equality; lack of familiarity with the Portuguese language; Foreigners and Borders Service; Romanian citizen; expulsion; state-appointed attorney; Bar Association; universality; discrimination between resident and non-resident foreigners in Portugal; prohibition of discrimination based on economic situation; asylum applicant; safeguard of access to the courts; prohibition of denial of justice due to insufficient economic means; principle of assimilation of foreigners and stateless persons to Portuguese citizens; universalistic vocation of the Constitution; value of human dignity; political refugee; pending asylum application; provisional residence permit; foreigners; stateless persons; National Commissioner for Refugees; UN High Commissioner for Refugees; political asylum; discrimination against people in situations of economic deprivation; principle of national treatment; right to access the law; lack of familiarity with Portuguese law

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

MIRANDA, Jorge, and MEDEIROS, Rui, Constituição Portuguesa Anotada [Annotation to the Portuguese Constitution], vol. I, 2nd ed., Coimbra, Wolters Kluwer/Coimbra Editora, 2010.

 

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Posted inLEGAL AID RIGHT TO ASYLUM REFUGEE STATUS LACK OF FAMILIARITY WITH THE PORTUGUESE LANGUAGE PRINCIPLE OF EQUALITY
TagsUN High Commissioner For Refugees Stateless Legal Aid Political Asylum Provisional Residence Permit Romanian Citizen National Commissioner For Refugees Right to Access the Law Right To Asylum Discrimination Against People in Situations of Economic Deprivation Discrimination Between Resident and Non-Resident Foreigners in Portugal Refugee Status Foreigners Expulsion Lack of Familiarity With the Portuguese Language Lack of Familiarity With Portuguese Law Safeguard of Access to the Courts State-Appointed Attorney Bar Association Pending Asylum Application Equality Principle Principle of Assimilation of Foreigners and Stateless Persons to Portuguese Citizens Principle of National Treatment Prohibition of Denial of Justice Due to Insufficient Economic Means Prohibition of Discrimination Based on Economic Situation Political Refugee Asylum Applicant Foreigners and Borders Service Universality Value of Human Dignity Universalistic Vocation of the Constitution