By Rui Assis Passos of ERG Legal & Family Office – Special Contribution to IMGW News
𝐋𝐢𝐬𝐛𝐨𝐧, 𝟗 𝐀𝐮𝐠𝐮𝐬𝐭 𝟐𝟎𝟐𝟓 | It began as a serene August Friday in Lisbon. The city moved in summer mode — lighter traffic, quieter streets, and the languid rhythm of a country half on holiday. By nightfall, the calm was broken.
The Constitutional Court had delivered its verdict, and the Government’s flagship immigration reform lay in tatters.
The Case at Hand
Decree No. 6/XVII, passed by the Assembly of the Republic, sought to rewrite key provisions of the Aliens Act — tightening family reunification rules, extending decision deadlines, and limiting urgent court interventions. Before it could be signed into law, the President of the Republic referred it to the Court for a preventive review.
The Court’s Verdict
The ruling was decisive: five of the seven proposed measures were struck down as unconstitutional.
Among the casualties was the clause excluding spouses and de facto partners already in Portugal from immediate family reunification. Also gone was a two-year moratorium for certain relatives — a blanket delay affecting elderly parents, adult children with disabilities, and dependent students.
The justices also annulled a provision allowing “integration measures” to be defined solely by ministerial order, insisting Parliament must legislate on such matters. They warned that pairing the moratorium with extended deadlines — up to 18 months — could leave families waiting over three and a half years to reunite.
Most strikingly, they invalidated a new urgent judicial review rule that would have limited injunctions to cases of “grave, direct, and irreversible” harm, while allowing judges to consider the operational constraints of the Immigration and Asylum Agency (AIMA). For the Court, such limits breached constitutional guarantees of effective judicial protection under Articles 20, 18 and 268.
What Remains
Two measures survived. Authorities may still require proof of “normal accommodation” and “sufficient means of subsistence”, and a secondary judicial rule stands — provided it aligns with existing procedural law.
Political Aftershock
The judgment was more than a legal setback; it was a political blow to the Government’s migration strategy. The Prime Minister vowed to push ahead, but hours later the President vetoed the decree, returning it to Parliament.
When lawmakers reconvene in September, they must either amend the text or reapprove it with a two-thirds majority. The ruling could also prompt a wider debate on the Nationality Law.
September now promises a season of negotiation and confrontation. Parliamentary corridors will bustle, alliances will be tested, and the future of Portugal’s immigration framework will hang in the balance.
ERG Legal & Family Office’s View
“This is a groundbreaking decision,” says ERG Legal & Family Office. “It safeguards family unity, proportionality, and judicial protection, and, together with the President’s veto, compels a strategic rethink. With five of seven measures struck down, political stakes are high and implications may reach beyond the Aliens Act.”
For now, Lisbon’s summer quiet has been punctured. The coming autumn will be anything but still.
𝑩𝒊𝒐𝒈𝒓𝒂𝒑𝒉𝒚
Rui Assis Passos is a seasoned Portuguese lawyer and founder of ERG Legal in Lisbon. With over two decades of experience in immigration, taxation, and estate planning, he has advised hundreds of high-net-worth individuals on legal pathways across Europe and the Gulf.
A key contributor to Portugal’s recent Golden Visa reform, Dr Passos now turns his attention to the Caribbean, where he offers expert insight into how citizenship programmes can drive sustainable development and international credibility.
𝑭𝒐𝒓 𝒎𝒐𝒓𝒆 𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝒐𝒏 𝑹𝒖𝒊 𝑨𝒔𝒔𝒊𝒔 𝑷𝒂𝒔𝒔𝒐𝒔 𝒂𝒏𝒅 𝑬𝑹𝑮 𝑳𝒆𝒈𝒂𝒍, 𝒗𝒊𝒔𝒊𝒕 𝒘𝒘𝒘.𝒆𝒓𝒈𝒍𝒆𝒈𝒂𝒍.𝒑𝒕
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