The Portuguese government defended this Wednesday that the mobility agreement for the Portuguese-speaking community does not conflict with European law, following a procedure by the European Commission against Portugal, which stated that a “residence permit” separate from the Schengen area is at stake .
“We are absolutely convinced of the legality [do acordo de mobilidade da Comunidade dos Países de Língua Portuguesa (CPLP)] and that it is not contrary to the law of the European Union, otherwise we would not have negotiated it and signed it, and this Assembly of the Republic would not have approved it and the President of the Republic would not have ratified it .”State Secretary for European Affairs Tiago Antunes said on Wednesday during a hearing in the parliamentary committee on European Affairs.
Brussels initiated an infringement procedure stating that “the CPLP Mobility Agreement provides for a residence permit that does not comply with the uniform format laid down in Regulation (EC) No 1030/2002” and furthermore “both residence permits and Visas issued for the purpose of seeking to work to nationals of CPLP states does not allow its holders to travel within the Schengen area [que prevê livre circulação entre países europeus]”.
For the government official, the questions the Commission asks are ‘quite technical’.
“They have nothing to do with the agreement itself, nor with the Aliens Law also approved in this Assembly and which implemented the CPLP Mobility Agreement in Portugal, but they concern a regulation that regulates and approves the model of the CPLP residence permit .”he explained.
Portugal, he added, will reply to the European Commission that “there is no non-compliance” and the measure “it falls within the scope of the CPLP Mobility Agreement and is not a residence permit for Schengen purposes”.
“Since it is not a residence permit within the meaning of the Schengen area, it cannot conflict with the rules of the Schengen area. It is a different residence permit, with a different clear framework, with different rights and obligations, with a different clear purpose. There is no contradiction or violation here, but rather two separate regimes that can coexist.”emphasizes Tiago Antunes.
The Commission’s proceedings against Portugal led to two hearing requests from Chega: from the Deputy Minister of Parliamentary Affairs, in the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees, which was rejected by the PS and PSD, and from the State Secretary for Foreign Affairs Affairs. European Affairs in the European Affairs Committee, which was approved this Wednesday by Chega and PS and abstained from voting by the PSD.
The initiative of André Ventura’s party led to an exchange of accusations between the Chega deputy and the socialist Rui Lage.
“It is yet another use of fear of others, of foreigners, to gain political and media advantage”criticized the PS delegate, pointing out the “finesse” of the mobility agreement regarding “Portuguese speakers, who consider Portugal a refuge and a second homeland”.
Rui Lage also emphasized that Chega “belongs to the far-right European family” and “comes here to join forces with the European Commission” on an issue of sovereignty.
‘Curious, but not surprising’he added.
In response, Bruno Nunes said it was Chega’s initiative “It is not political exploitation, but a reaction” to the Commission’s procedure.
“Once and for all: the far right is banned by the constitution. This speech does not make sense, every time it is a Chega issue, here comes the bogeyman”he said.
The deputy further stated: “If they call us far-right and fascists, they should be ashamed, because that is an insult to those who have lived under far-right and fascist regimes. (…) It’s about reading a little more history and avoiding those kinds of explanations.”
Since March, Portugal has been operating a new portal, offered by the Foreigners and Borders Service (SEF), that allows CPLP immigrants with ongoing processes to automatically obtain a residence permit until December 31, 2022.
More than 154,000 Portuguese-speaking immigrants, most of them Brazilians, have applied for residence permits through the ‘CPLP portal’, while the document has already been issued to more than 140,000, according to the SEF.
Source: DN
