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.

 

Download the ruling.

 

 

 

 

Share this comment