The Constitutional Court declared the unconstitutionality of the new version of the Nationality Law on Monday, following its referral for preventive oversight by the Socialist Party (PS).
The judges at Palácio Ratton identified several articles within the law as unconstitutional.
During the public reading of these decisions in Lisbon’s Palácio Ratton, it was announced that there was unanimity regarding three of the four provisions of the decree revising the Nationality Law deemed unconstitutional, as well as the provisions of the decree introducing the loss of nationality as an accessory penalty.
Included among these is the provision preventing the automatic effect of the law on citizenship access for those convicted of a crime with a prison sentence of two years.
This review automatically suspended the law’s enactment until the Constitutional Court decides whether parts of the text violate constitutional principles such as equality or legal certainty.
The President of the Republic, who still has to express an opinion on this decree, stated he is awaiting the Constitutional Court’s decision to determine whether he will veto or promulgate the Nationality Law.
The new version of the Nationality Law was discussed and approved by Parliament in October.
The new law allows access to Portuguese nationality for those residing “legally in Portuguese territory for at least seven years, in the case of nationals from Portuguese-speaking countries and citizens of European Union Member States, or ten years for nationals of other countries,” according to the proposed amendments.
It is noteworthy that, in August, the Constitutional Court halted the Foreigners Law after declaring the unconstitutionality of five provisions, thus rejecting the document.
The President of the Republic submitted to the Constitutional Court the decree amending the legal regime for the entry, residence, exit, and expulsion of foreigners from national territory on July 24. Marcelo Rebelo de Sousa had doubts about its constitutionality.
Carolina Pereira Soares with Lusa | 18:20 – 08/08/2025
