Autor: Rui Jorge Cabral
Azores and Madeira reaffirmed their willingness to agree on a common position to revise the Portuguese Constitution, regarding, for example, the clarification and extension of regional legislative powers and the end to the ban on regional parties.
In the joint declaration by the governments of Madeira and the Azores, released during the Summit that took place in the Madeiran archipelago, the two regional governments also expressed their intention to include other measures in a future constitutional revision. For instance, the appropriate distribution of competences between the State and the Autonomous Regions in the fields of marine and spatial public administration; the appointment of a judge for the Constitutional Court by each Autonomous Region and the creation of a separate constituency for the election of Members of the European Parliament by each of the Regions.
In their joint declaration, the regions of Azores and Madeira also reaffirmed "not to give up their powers of co-management of their maritime space, which is also national", not least because "the sea is one of the greatest sustainable development and economic assets for the future". The two regional governments also recalled that Portugal "is a 'discontinuous' country and that it is due to the archipelagic dimension that the Azores and Madeira provide (namely with 953 633 Km2 and 446 108 Km2) that Portugal has one of the largest maritime areas in Europe and in the world".
Considering this, the governments of Azores and Madeira regret “the centralist position of the Constitutional Court, calling for the powers of the Autonomous Regions to be clarified in the constitutional revision”.
At the Summit, the governments of Azores and Madeira also agreed to “develop preparatory work for the revision of the Autonomous Regions' Finance Law, a legal norm that is not in line with reality and that greatly harms the interests of both Regions”.
In this sense, it can be read in the joint statement, "a reputed expert will be hired, who will prepare a final text to be presented to the Government of the Republic, where the realities of the Autonomous Regions are considered fairly and equitably".
Azores and Madeira also stated the need to "continue improving the system of tax clearance in the Autonomous Regions, enabling an increase in revenues for the respective Regional Governments".
They also expressed their concern about what they say is the “substantial delay in launching the international tender” for the submarine cable connection between the Autonomous Regions and the continental territory. This “will allow the process of replacing the current cable system, which in some cases will reach the end of its useful life before the new CAM Ring is operational”.
Therefore, the two regional governments warn, if the new CAM (Continent-Azores-Madeira) Ring is not operational before the end of the useful life of some sections of the current CAM Ring, "as it is very likely, it will be up to the Portuguese State to guarantee the necessary alternatives, in order to ensure that no island region will be in communicational blackout".
The governments also recalled “the urgency of implementing an Insular Sanitary Legal Response Plan, aiming at an adequate integrated response to sanitary emergencies”, as was the recent case of the Covid-19 pandemic.
Azores and Madeira stated as well that “a joint plan and adjusted legal protection within the scope of civil protection are an essential condition to achieve this purpose”, recalling, therefore, “the need for the Autonomous Regions, within the framework of the State of Siege and State of Emergency cases, to have powers to put them into practice in their territories”.
Finally, the regional governments of the Azores and Madeira “confirm the deepening of their friendship and cooperation, which this meeting has expanded and strengthened” and reaffirm “the value of Autonomies as a unique instrument for the development of the two archipelagos”.
However, the regional governments of Madeira and the Azores conclude, the value of the Autonomies “cannot represent, as has happened, the detachment by the State in its constitutional obligation to promote the harmonious and fair development of the entire national territory, ensuring territorial cohesion and overcoming inequalities resulting from the outermost regions”.