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This decision on this set of diplomas was announced by António Costa in a communication from São Bento, in which he claimed to face “a dangerous precedent” of parliamentary practice to “disfigure” state budgets and in which he considered facing a case . of “legal insecurity that generates insecurity and undermines trust in the institutions.”
In his statement to the country, António Costa defended that “the Assembly of the Republic cannot increase expenses or decrease income,” so that the diplomas approved to increase social support “violate the Constitution.”
“Our Constitution is very clear in the allocation of powers. Parliament is sovereign in the approval of the Budget and the Government is fully responsible for its execution. Therefore, once the Budget is approved, the Assembly [da República] it cannot increase spending or decrease the income foreseen in this Budget ”, affirmed the executive leader.
Therefore, according to António Costa, “three laws of the Assembly of the Republic violate the Constitution that impose an increase in the spending set in the Budget.”
In this context, the Prime Minister pointed out that, “at the initiative of the Government, measures to support the family, independent workers and incentives for health professionals are already in place.”
“All these situations have guaranteed financing in the State Budgets. [Mas] what the Constitution does not allow is that, now, parliament can increase spending with these supports, beyond what is foreseen in the Budget that parliament itself approved ”.
In other words, in the opinion of the Prime Minister, “the merit or demerit of the measures” approved by parliament is therefore not at stake.
“What is at stake is the defense of the Constitution and the way in which it guarantees the stability of the budget and establishes the balance of powers between the Government and the Assembly of the Republic. The Law is Law and the Constitution is the Supreme Law. “What is ours must be complied with and enforced, whether the measures are popular or unpopular, whether we are in an election year or not, whether it is the majority government or not. The Constitution is always the Constitution,” the Prime Minister reinforced in his speech.
I understand that it is my duty to request the Constitutional Court to review the norms approved by the Assembly of the Republic that I consider unconstitutional. This is the normal exercise of my powers, within the framework of the principle of separation and interdependence of powers. enshrined in the Constitution, that is, as the President of the Republic very well summarized: Democracy and the rule of law work, ”said António Costa.
In his communication, António Costa indicated four reasons for giving rise to the request for successive inspection of these titles, beginning by observing that “the President of the Republic intended to limit the constitutional damage of these laws by proposing an interpretation that deviates their practical effect, and it even strengthens the powers of the Government. “
“When I understand – and I quote – that” diplomas can be applied, to the extent that they respect the limits resulting from the current State Budget. “There are still unresolved issues,” considered the leader of the Executive.
In the first place, according to the Prime Minister, “the Government cannot fail to comply with a law of the Assembly of the Republic while it is in force, even if it considers it unconstitutional and only the Constitutional Court can declare with general mandatory force the unconstitutionality of a law” .
Second, the beneficiary citizens have the right to know what they can count on, if it has been approved by the Assembly of the Republic, if what the Government has come to limit in its interpretation. Third, a fair way to renew these laws is not achieved. parliamentarians to budget limits, “he said.
Then, António Costa, raised a series of questions. “How would we enforce this limit? Give support to some and not others? Give only to those who were quicker to request, until the available limit is exhausted, and reject all subsequent requests? Reduce the amount of support? paid to all, violate the provisions of the law? ”, he wondered.
Finally, in fourth place, in the opinion of the Prime Minister, “it is dangerous to set a precedent that opens the door to the fear expressed by the President of the Republic that parliamentary practice will constantly disfigure the State Budgets.”
“Legal insecurity generates insecurity and undermines trust in institutions,” he added.
Costa began his communication defending the Government’s actions, indicating that the Government approved a series of extraordinary measures to respond to the economic consequences of the covid-19 epidemic that “imposed, until February of this year, an increase in spending of 4 729 million euros “.
“This increase in social spending has been assumed, without a tax increase, without cuts in public investment, salaries or pensions,” he added.
In the short space of a year, according to the data presented by the Prime Minister, Portugal went from “the first budget surplus of democracy” in 2019 to a deficit of 5.7% in 2020.
“It is a totally justified budgetary effort, because in the face of such an adverse situation, any austerity measure would be deeply wrong and, above all, because we cannot hesitate to spend what is necessary so that the National Health Service does not lack anything and we must mobilize all possible resources to support the maintenance of employment, the survival of companies paralyzed by the crisis and protect the income of families ”, added António Costa.
What is at risk?
On Sunday, the President of the Republic, Marcelo Rebelo de Sousa, promulgated three diplomas approved by parliament to strengthen support in the context of the pandemic, considering that there is no indisputable violation of the Constitution and the measures are urgent, a position that It directly contradicted the Government’s interpretation.
In an interview with RTP on Tuesday night, the Minister of State and Finance, João Leão, stated that “what is at stake is not so much the economic impact of the measure, about 40 million euros per month, but, above all , the principle, because the Constitution is very clear when it says that the parliament cannot, during the budget execution, adopt measures that affect expenses or income “.
“We are going to study and we are going to see how we fit this within the budget,” said João Leão.
These are three diplomas approved only with the opposition of the PS: one broadens the universe and the scope of social support provided to independent workers, managers and sole proprietors; another increases support for parents in teleworking; and a third extends the scope of exceptional measures for health professionals to the recovery of primary and hospital care not related to covid-19.
On Monday, when asked about the promulgation of these diplomas by Marcelo Rebelo de Sousa, the prime minister described the message in which Marcelo Rebelo de Sousa justified his decision as “rich, innovative” and even “creative” against the constitutional text.
António Costa also ruled out the possibility of a political crisis due to the promulgation of these diplomas contested by the Government.
“The governance conditions are only questioned when the Assembly of the Republic approves a motion of no confidence in the Government,” he emphasized.
