Proposed changes to the nationality law, supported by the government, aim to equalize the access to nationality for European and Lusophone citizens and better define the penal sanctions for loss of citizenship, in line with the constitutional principle of proportionality.
The changes to proposal 1/XVII will be discussed by the Committee on Constitutional Affairs, Rights, Freedoms, and Guarantees.
The new legislation allows Portuguese nationality to individuals residing “legally in Portugal for at least seven years for nationals of Portuguese-speaking countries and EU member states, or ten years for nationals of other countries,” according to the proposal amendments.
Regarding the supplementary penalty of nationality loss, the government suggests applying this measure to those “convicted of a prison sentence of five years or longer,” if naturalization was acquired less than ten years ago.
However, the proposed change to the Penal Code specifies that the court must consider the “disregard” for the “constitutional values, national community, and integrity and security of the Portuguese state,” as well as the individual’s “family and community integration.” The penalty must not have “political motives” as the basis for its application.
According to the authors, “the basis for this supplementary penalty is not the crime itself, as its severity is already addressed by the primary sentence, but rather the disregard shown by the defendant’s conduct towards the national community that sought to integrate them and the integrity and security of the Portuguese state.”
The proposal initially debated proposed a transitional regime starting the law on June 19, citing the government’s program, which already included this measure due to a large volume of naturalization requests.
Yet, the amendments available in Parliament have dropped that requirement.
The possibility to revoke nationality applies only to citizens who retain their original nationality.
Portuguese legislation does not allow the creation of stateless persons, so in cases where countries do not permit dual nationality, this sanction cannot be applied.
This situation applies to countries like India, China, Pakistan, or Bangladesh, which revoke original citizenship when their citizens obtain another nationality.
The number of inmates sentenced to more than five years and with Portuguese nationality for less than ten years is unknown, as courts do not differentiate between native and naturalized Portuguese, a source from the Ministry of Justice stated.
The Directorate-General of Reintegration and Prison Services explained that their statistics only reflect the length of sentences and the nationality of inmates, without determining when a citizen acquired a particular nationality.
After discussing the amendments, the parliamentary committee will consult the Standing Council of the Portuguese Communities Council on nationality attribution and electoral acts.
