Portuguese parliament sends Nationality Law to Constitutional Court for review
The Portuguese government’s proposed reform of the Nationality Law to introduce stricter requirements for Portuguese nationality has been sent to the Constitutional Court for preventive review after the Socialist Party (PS) formally submitted two requests on 19 November, halting its entry into force.
Parliament voted on 24 October to approve the amendments, which increase the minimum legal residency period for naturalisation from five to seven years for citizens from EU Member States and Community of Portuguese Language Countries (CPLP), and ten years for all other nationalities.
Significantly, the residency period begins from the date a residence permit is issued, rather than from the application date. The law shelters pending citizenship applications from retroactive changes but would apply to residence holders who have not yet initiated citizenship applications.
Applicants will be required to pass a civics and language test, demonstrating adequate knowledge of the Portuguese language, the rights and duties of citizens and the organisation of the country’s political system. They must also make a sworn declaration affirming adherence to Portugal’s democratic principles.
Children of foreign residents born on Portuguese soil will only be eligible for nationality if their parents have lived legally in Portugal for at least three years and expressly request Portuguese citizenship for the child.
Nationality by descent is to be restricted to great-grandchildren of Portuguese nationals. Previously, the right could be extended to more distant generations in certain cases. The extraordinary nationality route for Portuguese Sephardic Jews, introduced in 2015, is also terminated under the new law.
Naturalised citizens who commit serious crimes resulting in prison sentences of five years or more may lose their Portuguese nationality if it was granted less than the length of their sentence ago. The reform also modifies the Law on Foreigners, introducing tighter immigration controls and new visa conditions.
Portugal’s Constitution permits one-fifth of sitting Assembly deputies the power to request preventive constitutional review of any decree sent to the President for promulgation. The PS party, which has 58 deputies in the 230-seat Assembly, therefore invoked its parliamentary prerogative to send the approved Nationality Law amendments directly to the Constitutional Court. The mechanism has only been used twice since the Court was established in 1983.
The PS argues that several provisions in the Nationality Law amendments violate fundamental constitutional principles, including:
- Equality before the law.
- Proportionality in restrictions of fundamental rights.
- Protection of legitimate expectations and legal certainty.
- Determination and clarity of criminal consequences.
- Prohibition of automatic effects of criminal convictions.
- Compliance with Portugal’s international obligations.
Under the Constitution, the Court now has 25 consecutive days to issue a ruling. The law remains suspended throughout the review process and cannot enter into force until judges issue their determination.
If the court rules the law’s provisions to be unconstitutional, then the Portuguese parliament will have to amend or abandon the legisaltion. If the Court uphold the amendments, the President can then promulgate the law for publication in the official gazette.
Sovereign will continue to monitor the process closely to assist all applicants to move forward with clarity and confidence.
