José Manuel Durão Barroso, former Portuguese prime minister and current president of the EC, stopped short of criticising Portugal’s Constitutional Court, but warned of the ‘consequences of its decisions,’ and by describing those consequences, has attempted to discredit the court's role in the Portuguese political and legal system.
Barroso said that he never criticised Portugal’s Constitutional Court but warned that its decisions over unconstitutional parts of Portugal’s financial aid program may have negative consequences in terms of economic growth and employment, and may hinder the return of Portugal to the international finance markets.
This statement was issued by Barroso and, surprise surprise, Portugal’s current prime minister Pedro Passos Coelho who has been battling with and undermining the Constitutional Court for months because it refuses to do what he wants.
Barroso's stated that "never has the European Commission or myself criticised Portugal’s Constitutional Court... the European Commission recognises the Portuguese Constitutional Court, as it does the constitutional court of any country, as having the right and the duty to ensure that the standards adopted by parliament are consistent with their constitution."
If the Constitutional Court consider unconstitutional "key measures of a state budget that the National Assembly has approved or will approve, then it will certainly call into question the return of Portugal to the international funding markets on time. This is the evidence we have," read the release that allied Barroso with the Passos Coelho camp and puts yet more pressure on the Constitutional Court to cooperate with politicians rather than do its job and act as a check and balance to Portugal’s legislation and any wayward decisions by stressed or unhinged politicians.
The barrage of Barroso/Coelho threats continued, “if this happens Portugal will need to replace these measures with other measures... and probably with harsher measures that will have a more negative effect in terms of growth and employment. This analysis has been unanimously accepted by the European Commission, the European Central Bank, the International Monetary Fund and the eurozone countries," Brussels has "absolute respect for the decisions of the Constitutional Court but at the same time we must say that decisions have consequences."
Barroso later said that Portugal is well positioned to complete its programme of economic and financial adjustment in June 2014, emphasising that there can be no doubt as to the commitment by the country in return for loans.
Passos Coelho added that Portugal has all the ambition to complete the assistance programme within the planned time without an increase in the €78 billion already borrowed. “This for Portugal is a point of honour."
Barroso claims that he has never criticised Portugal's Constitutional Court but his joint statement today does as much harm, if not more, and it is not in his job description to interfere with the entirely legitimate constitutional processes of member countries.
Barroso has weakened his position by issuing this statement alongside Portugal's prime minister as it could make him look like a puppet in the hands of Passos Coelho who has been driven to distraction by the Constitutional Court which has rejected a large amount of poorly thought out legislation. Alternatively it could look like Passos Coelho has gone crying to papa Barroso saying 'the court is being nasty, make them go away.'
