0
Off

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.

 

Download the ruling.

 

 

 

 

Share this comment
Posted inAUTOMATIC SENTENCING IN A PENALTY OF EXPULSION OF FOREIGNER CONVICTED OF A CRIME EXPULSION FROM NATIONAL TERRITORY BORN IN CAPE VERDE PROHIBITION OF AUTOMATIC ACCESSORY PENALTIES MIGRANT WORKER
TagsHinder the Foreigner's Rights Stateless Automatic Sentencing in a Penalty of Expulsion of Foreigner Convicted of a Crime Differences in Status Between Nationals and Non-Nationals With Regard to Certain Legal Matters Right to Enter and Stay in Portuguese Territory Right Not to Be Arbitrarily Expelled Right to Remain in Portuguese Territory Right To Work in Portugal Rights Granted to Foreigners Irrespective of Their Stay in Portugal Foreigner Residing in Portugal Foreigner Habitually Residing in a Third Country Foreigners Regularly Staying in National Territory Foreigners Originating From Former Portuguese Colonies Expulsion From National Territory Extradition Homicide Portuguese Nationality Originating From Cape Verde Accessory Penalty of Expulsion Pending Asylum Application Loss of Civil Professional or Political Rights Status As Foreigner Settled in Portugal For Many Years Rules on Entry Stay Exit and Expulsion of Foreigner From National Territory Social Report Cases of Inequality Quasi-Assimilation of Non-Nationals to Nationals in Matters of Rights and Obligations Entirely Estranged From Their Country of Origin Migrant Worker Court Bound To Order The Expulsion