"The Constitution is very vague on the powers of caretaker governments, saying that the government will be limited to carrying out acts that are strictly necessary to ensure the management of public affairs," explains constitutionalist José Luís Moreira da Silva, a Partner at SRS Legal, in a statement to ECO.
As a general rule, the lawyer emphasises, it has been understood that a caretaker government is not prevented from passing legislation, but it is "restricted to situations of necessity". situations". In other words, it should only go ahead with measures that would be jeopardised if they only jeopardised if they were only to be implemented after the elections for a new government. government. This is the case with pension updates, he says.
According to José Luís Moreira da Silva, it is up to the President of the Republic to verify whether the government is complying with this criterion of necessity. reforms, the lawyer's view is that the Executive has room to move forward."