Portugal. A European Union-friendly jurisdiction

Abstract

This chapter highlights the Portuguese strategy vis-à-vis EU law and European integration. The chapter pays close attention to constitutional design and to the material constitution since Portugal’s accession to the European Union in 1986, focusing namely on the rules regulating EU integration and the behaviour of political parties towards the European project. The chapter observes that, despite their broad political implications, the 1976 Constitution establishes no special rules for the approval of EU treaties. Popular consultation is allowed, but no European referendum has ever taken place, owing either to legal or political constraints. Regarding the principle of primacy, the report notes that the Portuguese Constitutional Court has narrowed down the chances of a conflict between constitutional law and EU law, leaving Article 8.4 of the Constitution with virtually no scope of application. The report also considers whether the expansion of the autonomous regions’ legislative powers in relation to EU law might affect Portugal’s nearly flawless efficiency strategy vis-à-vis EU integration.

Keywords: European integration; Constitution; referenda; legitimacy; efficiency; principle of primacy;