In light of the pending disclosure of the Government’s proposal concerning the conditions under which a judge may decide, as an ancillary penalty, the loss of nationality for naturalized citizens committing serious crimes, Nuno Matos acknowledged potential constitutional questions, particularly regarding the delegation of such authority to the courts, a responsibility not previously assigned.
Nuno Matos draws a parallel between the Government’s announcement and existing legal procedures, where foreign nationals committing crimes and serving sentences in the country may be expelled, an ancillary penalty also decided by the court. He suggests that the planned modifications by the Executive align with this approach, establishing specific crimes and legal criteria to be codified that will govern nationality loss.
The president of the Portuguese Judges’ Union Association (ASJP) also acknowledges potential issues related to the principle of equality among citizens, alongside other concerns raised by constitutional experts questioning the measure’s legality, with possibilities for review by the Constitutional Court (TC), if requested.
“Typically, in more sensitive situations like these, consultation with the TC is preliminary and abstract, occurring before practical cases arise. However, from the perspective of legal practitioners in the courts, a law exists that must be applied according to stipulated criteria. Legal practitioners must assess whether these criteria are applicable to specific cases. Now, the legality or constitutionality of this policy choice, fundamentally a legislative decision by those currently holding legislative power, remains open to constitutional review,” stated Nuno Matos to Lusa.
The ASJP president reminded that judges already have the discretion to dismiss any norm or law if they question its constitutionality.
“This situation can arise as well. A court might declare the non-application of this norm due to believing it unconstitutional, prompting mandatory appeal by the Public Prosecutor to the TC. This is a possibility,” he stated.
The Minister, Leitão Amaro, announced a bill for creating a foreign citizens and borders unit within the Public Security Police. The aim is to reinstate a “border police” role. All details from the post-Council of Ministers briefing were disclosed.
Cátia Carmo with Lusa | 15:53 – 23/06/2025
The Government intends to allow judges to enforce, as an ancillary penalty, the revocation of nationality for naturalized citizens of less than ten years if they commit serious “grievous crimes” punishable by imprisonment exceeding five years.
This change to nationality laws was announced by Minister of the Presidency António Leitão Amaro during a press conference concluding the Monday Council of Ministers meeting.
The minister emphasized that nationality revocation will be applied solely as a “complementary penalty, always determined by a judge” targeting only highly serious crimes.
“Not solely in abstract terms but in tangible cases where criminal judges have mandated effective imprisonment equal to or exceeding five years, covering various crimes including those against the State such as espionage, terrorism, treason, and serious crimes against individuals,” he explained, citing examples like “homicide, rape, extreme physical harm, extreme violence and aggression toward individuals and their freedom within national territory.”
A governmental source informed Lusa that this supplementary penalty would be included solely in nationality law and would not require modifications to the Penal Code.
The crime’s date, rather than the judicial sentencing, will be considered for this penalty, the source added.
Constitutional experts Paulo Otero and Pedro Bacelar de Vasconcelos, when consulted by Lusa, expressed divergent views on the Government’s proposal’s constitutional viability.
