Portugal

Abstract

This chapter focuses on the relationship between the Portuguese constitutional system and the European EMU law. The first section introduces the reader to the current Portuguese Constitution and follows the constitutional evolution as regards to the political system, the way the judiciary scrutinises economic issues and the attitude vis-à-vis EU law. The second section, concerning constitutional foundations of the EMU membership and closely related instruments, underlines the fact that there are no specific constitutional provisions on these matters. Therefore, EMU membership must rely on the constitutional provisions on EU membership. Rules adopted outside the EU legal order mainly follow constitutional provisions on general international law. The third section deals with the constitutional obstacles to EMU related measures, drawing particular attention to the Portuguese Constitutional Court’s case law on austerity measures. In addition, we discuss the feasibility of the EMU reform from the perspective of the Portuguese constitutional system and the point of view of some political actors. The fourth section relates to Portuguese constitutional rules and practices implementing EMU measures, with special emphasis on the participation of the parliament and the government. Lastly, the fifth section concerns the impact of EMU law on Portuguese law.