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LEGAL AID | RIGHT TO ASYLUM | REFUGEE STATUS | PRINCIPLE OF NATIONAL TREATMENT | HUMAN DIGNITY

 

Constitutional Court, judgment no. 340/95, 22.06.1995

 

JURISDICTION: Constitutional

CASE: 382/94

SUBJECT: Constitutional appeal

RAPPORTEUR: Monteiro Diniz

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) of Decree-Law no. 391/88, of 26 October 1988, are in breach of the Constitution for denying legal aid to asylum applicants who wish to lodge a judicial appeal against the administrative decision which turns down their asylum application.

DOMESTIC LAW:

Portuguese Constitution [Articles 13(2), 15, 16(2), 18, 20, 33(6), 275(2), 276, 280(1)(a)]

Law no. 28/82, of 15 November 1982, as amended by Law no. 85/89, of 7 September 1989 [Articles 70(1)(a), 71(1), 72, 75-A]

Law no. 70/93, of 29 September 1993

Decree-Law no. 387-B/87, of 29 December 1987 (Articles 7, 20)

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

1933 Constitution, as amended by Law no. 3/71, of 16 August 1971 (Article 7 § 2)

Corporate Chamber Opinion no. 22/X, 1971

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Legal aid; right to asylum; refugee status; principle of national treatment; human dignity; citizen of Romanian nationality; political asylum; principle of assimilation of foreigners and stateless persons to Portuguese citizens; rights and obligations reserved for Portuguese citizens; discrimination between resident and non-resident foreigners in Portugal; rights granted on account of the quality of human being; right to access the courts; universality; classic fundamental rights; asylum applicant; prohibition of discrimination based on economic situation; prohibition of denial of justice due to insufficient economic means; grant of refugee status; asylum applicants’ most basic of basic rights; foreigners; stateless persons; right to legal protection; foreigners and stateless persons’ habitual residence; restrictions in accessing the law and the courts; traditional feature of Portuguese law; extension to foreigners and stateless persons of rights granted to Portuguese citizens; rights that represent a burden for the state; Portuguese subjects; principle of constitutional interpretation in accordance with the Universal Declaration of Human Rights; all persons irrespective of citizenship; universalistic perspective; Portuguese citizenship; principle of proportionality; principle of safeguard of the core of constitutional provisions establishing civil and political rights; rights with strong social ramifications; state-appointed attorney; entitlement of foreigners or stateless persons who are persecuted or threatened with persecution

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 HUMAN DIGNITY   RIGHT TO ASYLUM REFUGEE STATUS PRINCIPLE OF NATIONAL TREATMENT
TagsStateless Legal Aid Political Asylum Portuguese Citizenship Citizen of Romanian Nationality Classic Fundamental Rights Grant of Refugee Status Human Dignity Right to Legal Protection Right to Access the Courts Right To Asylum Entitlement of Foreigners or Stateless Persons Who are Persecuted or Threatened With Persecution Rights Granted on Account of the Quality of Human Being Rights With Strong Social Ramifications Rights that Represent a Burden for the State Discrimination Between Resident and Non-Resident Foreigners in Portugal Duration of Residence in Portugal Refugee Status Foreigners Extension to Foreigners and Stateless Persons of Rights Granted to Portuguese Citizens Traditional Feature of Portuguese Law State-Appointed Attorney Asylum Applicants' Most Basic of Basic Rights Universalistic Perspective Principle of Proportionality Principle of Safeguard of the Core of Constitutional Provisions Establishing Civil and Political Rights Principle of Assimilation of Foreigners and Stateless Persons to Portuguese Citizens Principle of Constitutional Interpretation in Accordance With the Universal Declaration of Human Rights Principle of National Treatment Prohibition of Denial of Justice Due to Insufficient Economic Means Prohibition of Discrimination Based on Economic Situation Asylum Applicant Rights and Obligations Reserved for Portuguese Citizens Foreigners and Stateless Persons' Habitual Residence Restrictions in Accessing the Law and the Courts Portuguese Subjects All Persons Irrespective of Citizenship Universality