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LEGAL AID | RIGHT TO ASYLUM | PRINCIPLE OF ASSIMILATION OF FOREIGNERS AND STATELESS PERSONS TO PORTUGUESE CITIZENS | HUMAN DIGNITY

 

Constitutional Court, judgment no. 962/96, 11.07.1996

 

JURISDICTION: Constitutional

CASE: 361/95

SUBJECT: Constitutional review

RAPPORTEUR: Assunção Esteves

RULING: Declares the unconstitutionality, with general binding force, of the norms in 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, where they deny legal aid, in the form of legal representation, to foreigners and stateless persons who wish to lodge a judicial appeal against the administrative decision which turns down their asylum application.

DOMESTIC LAW:

Portuguese Constitution [Articles 15, 20(1), 33(6), 268(4), 281(3)]

Law no. 28/82, of 15 November 1982 [Articles 54, 55(3), 82]

Decree-Law no. 387-B/87, of 29 December 1987 [Article 7(2)]

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

Constitutional Court, judgment no. 338/95, 22.06.1995

Constitutional Court, judgment no. 339/95, 22.06.1995

Constitutional Court, judgment no. 340/95, 22.06.1995

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Legal aid; right to asylum; principle of assimilation of foreigners and stateless persons to Portuguese citizens; human dignity; foreigners; stateless persons; political asylum; valid residence permit in Portugal; access to law and the courts; universally provided; regular and continued presence in Portugal; constitutional desirability of ensuring the right to asylum; idea of a Republic of individuals and not only of citizens; effectiveness of the right to asylum; lack of economic means; satisfaction of the right to court; legal system open to the international dimension of human rights; “world citizen”; universalist dimension of human rights

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, 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 PRINCIPLE OF ASSIMILATION OF FOREIGNERS AND STATELESS PERSONS TO PORTUGUESE CITIZENS
Tags“World Citizen” Access to Law and the Courts Stateless Legal Aid Political Asylum Valid Residence Permit in Portugal Satisfaction of the Right to Court Constitutional Desirability of Ensuring the Right to Asylum Human Dignity Universalist Dimension of Human Rights Right To Asylum Effectiveness of the Right to Asylum Foreigners Idea of a Republic of Individuals and Not Only of Citizens Lack of Economic Means Open to the International Dimension of Human Rights Regular and Continued Presence in Portugal Principle of Assimilation of Foreigners and Stateless Persons to Portuguese Citizens Restrictions in Accessing the Law and the Courts Universally Provided