Both opinions conclude that if such a law be approved and published that it will be unconstitutional, for violating the principle of safeguarding trust and the legitimate expectations of citizens among other concerns. This echoes President Marcelo Rebelo de Sousa’s concerns that besides being ‘inoperable’ that the proposed bill does not meet the high standards stipulated by the Portuguese Constitution.

The Professors state that citizens have the right to the protection of trust and in the trust they can place in acts of political powers that conflict with their legal expectations. The State has a duty of good faith and although the law can change there must also be provided in any case a reasonable period of 'vacatio legis’”, I.e., a grace period. This is in contrast to the retroactive application currently being presented by the Government.

They also consider that the proposal of the Government affects the legitimate expectations of citizens, and the legislator should adopt a transitional regime that ensures that the implementation of the new measures is done gradually and deferred over time. This is in line with the general view of lawyers in Portugal actively involved in working daily with this law.

If the law is published in the terms intended by the Government, it is my opinion that Portugal is at significant risk of having to compensate these investors an unbearable amount. Since the program was launched in 2012, around €7 Billion of investment has come into the country as a result. This law was created precisely for that: to attract foreign investment to the country. It cannot be revoked with retroactive effects and without ensuring a transitional and adaptation period. This would irreversibly affect acquired rights, without any regard for the legitimate interests of those who invested in the national territory and shall consequently damage the country's international image. Commercially, Portugal’s future aspirations may suffer because of this tarnished image.

Thankfully, Portugal remains a Constitutional Democracy. There is much road still to travel with this matter and we, like the rest of the legal community in Portugal, are here to support.