“These two new rulings […] keep alive the debate over the constitutionality of the CESE regulation applicable to the gas sector,” according to constitutional law expert José Luís Moreira da Silva, speaking to ECO.
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In both cases, the vote was “neck and neck”: two judges in favor of constitutionality and two against. The disagreement lies primarily between sections: “The divergent position between the first and third sections continues,” states Moreira da Silva. The absence of three judges—who have not yet been elected by the Assembly of the Republic—exacerbates the instability in decision-making. Now, expectations rest on the plenary session: “We will have to wait […] to find out whether the provision […] is unconstitutional or not.”