The Constitutional Court decided, unanimously, to validate the law on the return and asylum of immigrants. The decision confirms that the legislation complies with constitutional principles and does not present flaws of form or content that would justify its rejection.
The request for normative review was sent by the President of the Republic, who expressed doubts about the guarantees provided in the law for children and families. This preventive assessment is a competence of the head of State when considering that a law may undermine fundamental rights.
The law in question establishes the rules for the return of immigrants in an irregular situation and asylum procedures. The issues raised by the President focused on the compatibility of the norms with the protection of the rights of children and family units.
The unanimous decision of the constitutional judges represents a signal that the legal framework for migration policy has been considered constitutionally sound. This validation allows the Executive to proceed with the application of the norms without fears of challenge for constitutional flaws.
