Portugal’s Nationality Law Faces Constitutional Review After Preventive Requests Submitted to the Constitutional Court

Portugal’s ongoing reform of its Nationality Law has entered a decisive phase after the Socialist Party (PS) formally submitted two preventive constitutional review requests to the Constitutional Court (Tribunal Constitucional – TC). The challenge suspends any decision by the President of the Republic and places the future of the legislative package under urgent judicial scrutiny.

The requests, filed on 19 November, were distributed by lot to Judge Dora Neto (regarding the provisions on loss of nationality) and to the Court’s Vice-President, João Carlos Loureiro (regarding the broader amendments to the Nationality Law). Under the Constitution, the Court now has 25 consecutive days to issue a ruling.

What Is Being Challenged?

The PS argues that several provisions approved by the parliamentary majority (PSD, Chega, IL, CDS-PP and JPP) 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

Key Provisions Under Judicial Review

1. New Administrative Impossibilities: Recognition of Statelessness

The reform introduces new rules for the naturalisation of stateless individuals. The PS argues that these provisions are inoperable, as Portugal does not currently have an administrative procedure to formally recognise stateless status—making the new rule effectively impossible to apply.

2. Vague Opposition Clause Based on “Rejection of the National Community”

A new clause permits the State to oppose nationality based on behaviours deemed to demonstrate rejection of the national community. The PS considers the wording overly indeterminate, potentially infringing freedom of expression.

3. Stricter Criminal Threshold for Naturalisation

The minimum prison sentence that bars naturalisation is reduced from three to two years, now extended also to nationality acquired through marriage or civil union.
For the PS, this represents a disproportionate restriction not aligned with constitutional standards for limiting rights.

4. Loss of Derived Nationality for Offences by Third Parties

The reform allows loss of nationality derived from parentage in cases involving illicit acts committed by third parties, a mechanism the PS says contradicts core principles of the sanctioning system.

5. Absence of a Transitional Regime

Perhaps the most impactful concern relates to the lack of transitional provisions.
According to the PS, this creates significant legal uncertainty for thousands of migrants who structured their lives and expectations under the previous five-year residency rule.

6. Elimination of Residence-Time Counting During AIMA Delays

The reform removes the rule that allowed applicants to count the time spent waiting for residence cards toward the legal-residence period.

Given that many applicants have waited up to three years for documentation due to administrative delays, the PS argues this change penalises individuals for failures of the State, which contradicts the principle of legitimate expectations.

Second Request: Loss of Nationality as a Criminal Penalty

The PS submitted a separate request concerning the new provision that allows the loss of nationality as an accessory penalty for crimes punishable with prison sentences of four years or more.

According to the request:

• The measure introduces two categories of Portuguese citizens: those of origin and those naturalised.
• Only naturalised individuals who have held Portuguese nationality for less than ten years could lose it.
• The PS argues this creates an unconstitutional disparity, violating equality and universality of citizenship.
• Furthermore, the definitive removal of nationality is characterised as a perpetual penalty, which the Constitution expressly forbids.

Political and Institutional Implications

The submission of the preventive review has immediate legal effects:

• The President of the Republic must suspend any decision until the Constitutional Court rules.
• If the Court identifies unconstitutionality, the President is obliged to veto the legislation.
• If the Court validates the diploma, the President may still exercise a political veto, although this is less likely given the two-thirds parliamentary approval threshold.

President Marcelo Rebelo de Sousa has publicly confirmed that he is awaiting the Court’s decision before taking any further steps.

Practical Impact for Applicants and Residents

While the Court deliberates, the legislative reform remains on hold, but expectations are high given the potential consequences:

• Applicants preparing naturalisation requests may face longer residency requirements (7 years for CPLP nationals, 10 years for the general regime).
• People who relied on the State’s administrative time-counting rules now risk losing several years of accumulated residence.
• The creation of a loss-of-nationality penalty represents a paradigm shift in how Portuguese citizenship is conceptualised.

These issues have already generated widespread uncertainty among immigrant communities and long-term residents who were close to meeting the previous criteria.

What Happens Next?

The Constitutional Court has until mid-December to issue its ruling.

Three broad scenarios are possible:

1. Partial or total unconstitutionality: the Parliament will be required to amend the affected provisions.
2. Full validation:  the President must then decide whether to promulgate or politically veto.
3. Interpretative ruling: the Court may validate the law but require specific interpretative limits.

Whatever the outcome, the Court’s decision will shape Portugal’s nationality landscape for the coming decade.

At LVP Advogados, we continue to monitor the legislative process closely. The developments now before the Constitutional Court will have material implications for many of our clients, particularly concerning:

• residency time requirements,
• transitional protection,
• access to nationality by minors,
• and the stability of rights for naturalised citizens.

If you have questions about how this review may affect your situation or upcoming nationality application, our team is available to provide tailored guidance.