The Prime Minister classified the decision of the President of the Republic to promulgate the three diplomas that increase social support as “innovative” and “creative”. The Government had already admitted to sending to the Constitutional Court (TC) the diplomas approved by the opposition for violating the brake law and António Costa said on Monday that it is necessary “to read the message of the President of the Republic with all attention, because it is very rich”.
In practice, Marcelo’s decision extends social support for independent workers and managing partners and increases support for parents in teleworking. On the other hand, it extends the exceptional measures aimed at health professionals during the pandemic.
The President of the Republic considered that “the interpretation that justifies the promulgation of the present three diplomas is simple and is in accordance with the Constitution: the diplomas can be applied, insofar as they respect the limits resulting from the State Budget in force”. António Costa said this Monday that “this is something very innovative from the point of view of legal science and the Government has a duty to meditate on this message before deciding what to do”.
The decision was applauded by all parties except the PS. The parties of the so-called ‘contraption’ hope that the Government will give up sending the diplomas that reinforce social support to the Constitutional. Catarina Marins recalled that at the time of the troika, socialists and blockers appealed to the Constitutional Court to “guarantee social support for the victims of the crisis” that were being experienced in the country. “It is very strange that the PS now wants to do exactly the opposite,” he said.
João Oliveira, parliamentary leader of the PCP, said he hoped that “the Government will not find obstacles to the implementation of these measures”.
UGT’s secretary general, Carlos Silva, also came to defend that the Government “does not do well if the question of successive inspection of these supports is raised, because more important than the questions of budgetary rules is not to let any worker remain in poverty, poverty and deepen social inequalities ”.
Critical moment The constitutionalist Vital Moreira was very critical of the decision taken by the President of the Republic. After having written, on the Causa Nossa blog, that the promulgation “is based on an exercise in constitutional fiction”, Vital Moreira said on Monday, in the same blog, that “due to its seriousness, this decision will surely mark a critical moment in understanding and practicing the presidential mandate among us ”.
For the constitutionalist, the President of the Republic “disregarded one of the strictest constitutional rules for the separation of powers, which is the government reserve for creating new expenses in addition to the current budget, as a pledge of budgetary discipline, for which the Government is politically responsible ”.
Vital Moreira further argues that Marcelo Rebelo de Sousa “explicitly took sides with the opposition parties’ position against the Government’s, sacrificing the brake rule, which excluded from the outset any presidential consideration of the merits of the solutions contained in the laws subject to promulgation”.