| Subject matter: Crime of providing assistance to clandestine emigration Keywords: Ordinary law prior to the entry into effect of the Constitution Norms regarding fundamental rights Norms that condition the exercise of fundamental rights Freedom of movement |
RULING Nº 204/94
2 of March of 1994
Summary:
The right to emigrate, one of the «rights, freedoms and guarantees» enshrined in the Constitution, is legally covered by a special set of conditions set out in Article 18 of the Constitution.
This right is not, however, an absolute right and it is constitutionally legitimate to establish conditions for its exercise by ordinary legislation, although these conditions are limited to this particular right.
Supplementary information:
Case-law already defined by the Constitutional Commission (the body monitoring constitutionality, prior to the establishment of the Constitutional Court).