The Portuguese Government has decided to go ahead with its golden visa clampdown, and all requests made after 16th February 2023 are no longer considered valid - the date on which Portugal's new housing package was announced. Constitutionalists consider the measure unconstitutional, essentially because it violates the principle of the protection of citizens' trust and legitimate expectations.
Jorge Miranda, a professor, explained to Portugal's Jornal de Negócios newspaper that the state has a "duty of good faith", and that "in any case, reasonable periods of 'vacatio legis' must be ensured", that is, between the publication of the law and its entry into force.
For the constitutionalist, the Government's proposal "affects the guarantee and the confidence of those directly interested" and in it "does not even contemplate a 'vacatio legis' period", and therefore "suffers from material unconstitutionality".
The specialists heard by the publication consider, therefore, that the legislator should "adopt a transitional regime that ensures that the implementation of the new measures is done gradually and deferred in time".