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24th July 2020
Institutional law

Op-Ed: “The Portuguese Constitutional Court judgment 422/2020 – a ‘Solange’ moment?” by Rui Tavares Lanceiro

In a historic move, the Portuguese Constitutional Court (PCC) issued its first ever ruling on the relationship between EU law and the Constitution of the Portuguese Republic (CPR) last Monday. The PCC’s judgment 422/2020, recognising its lack of jurisdiction to review the constitutionality of EU law provisions (and the cases where that jurisdiction could resurface), was unanimous, with no concurring or dissenting opinions, which is unusual in a decision of this significance by this Court. In this judgment, the PCC was asked to decide on the constitutionality of an EU Regulation but declined jurisdiction to adjudicate that question. It is a lengthy, nuanced, and complex decision, showing that the Court was aware of its importance and want

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