Marcelo suffered legal defeat (and political victory) in social support

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Mario Cruz / Lusa

The President of the Republic, Marcelo Rebelo de Sousa

“It’s debatable, legally I certainly lost, politically I think I won”, reacted the President of the Republic, Marcelo Rebelo de Sousa, to the Constitutional Court’s (TC) lead to social support enacted against the Government’s will.

This Wednesday, in statements on SIC Notícias, the President of the Republic reacted to the lead of the Constitutional Court (TC) to social support, stating that he lost “legally”, but won “politically”.

“It’s debatable, legally I certainly lost, politically I think I won“, said Marcelo Rebelo de Sousa, quoted by the newspaper i. “In political or social terms, which is what interests the Portuguese: without the enactment there would not have been the social protection that the Portuguese had after the Assembly vote.”

The head of state stressed that, despite the unconstitutionality of the measures, the legal effects already produced by the diplomas were safeguarded, since the TC’s ruling includes the proviso that the decision would not have retroactive effects.

“What is certain is that these effects, which were reserved by the TC, are prior to the Government’s decree-law and it remains to be proved that the Government would do it under the terms in which it did it if the laws of the Assembly did not exist”, said Marcelo, who feels “very happy” for having guaranteed the Portuguese “a protection that, otherwise, they would not have”.

To the weekly Expresso, the President added “four virtualities” which, in your opinion, are guaranteed.

“As I said two months ago, a solution like the one known today would have four virtualities. It would show that constitutional institutions work; I would not question the part where one of the laws would no longer apply – the teleschool soon, then, finished; it would not reach the essentials – the most important economic support –, as the Government drafted a Decree-Law, which I promulgated months ago, covering the matter of the laws of the Assembly of the Republic; finally, the Constitutional Court would emphasize the effects already produced by the laws in the past”, he stated.

So it happened“, he stressed. “The laws were, in three of the five points raised, declared unconstitutional – in an assessment that is not mine, but, obviously, respect – and all the useful social effects that it was important to guarantee were guaranteed, and guaranteed in time, for more than three months, which seemed fundamental to me.”

The ruling of the Constitutional Court, known this Wednesday, declares that social support, approved by a negative coalition in Parliament and promulgated by the President of the Republic, is unconstitutional for violation of the brake rule that prevents the Parliament from increasing the expenditure foreseen in the State Budget.

The decision was taken unanimously this Wednesday, in the plenary of the TC. Even so, the judgment contains a clause to safeguard the effects already produced by the rules, an option with “reasons of legal certainty and equity”.

concerned were three types of supports, one of which – support for parents – has ceased to have an effect.

Exceptional family support and extraordinary social support for self-employed and self-employed entrepreneurs are still in force and will no longer apply as soon as the judges’ decision is published in Republic Diary, which should happen in the next few days.

73a6ccb87257481bf03434001195fb58 Marcelo suffered legal defeat (and political victory) in social support Liliana Malainho, ZAP //