Portuguese Nationality Law Reform: What the Constitutional Court Declared Unconstitutional
The Portuguese Constitutional Court has now clarified which provisions of the proposed reform of the Nationality Law were declared unconstitutional, preventing the reform from entering into force in its current form.
Rather than assessing the reform as a whole, the Court focused on specific provisions of the parliamentary decree and concluded that several of them were incompatible with the Portuguese Constitution.
Key points declared unconstitutional by the Court:
1. Excessive restrictions on access to Portuguese nationality
The Court rejected provisions that significantly tightened the conditions for acquiring Portuguese nationality. It considered that these changes went beyond what is constitutionally acceptable and failed to respect fundamental principles such as proportionality.
Importantly, the Court stressed that reforms in this area must take into account the situation of individuals who are lawfully resident and integrated in Portugal, as well as their legitimate expectations under the existing legal framework.
2. Impact on situations already in progress
Another key issue concerned provisions that could affect residence or integration processes already underway.
The Court found that changing the rules in a way that could disrupt paths already started under the current law violated constitutional principles of legal certainty and the protection of legitimate expectations. In simple terms, the rules of the game cannot be changed midway for those who have relied on the law as it stands.
3. Loss of Portuguese nationality as a criminal consequence
The proposed reform also included a provision allowing the loss of Portuguese nationality as a result of certain criminal convictions within a defined period after nationality had been acquired.
The Constitutional Court declared this solution unconstitutional, holding that it breached fundamental principles such as proportionality and equality, and could not be accepted within the Portuguese constitutional framework.
What this means in practice
As a result of these findings, the proposed reform of the Nationality Law cannot be approved in its current form and has no legal effect.
There are no changes to the law at this stage. The current Portuguese Nationality Law remains fully in force, and all nationality applications continue to be submitted and assessed under the existing rules.
Parliament may decide in the future to revise the rejected provisions and present a new legislative proposal. Any new proposal would follow a new legislative process and may again be subject to constitutional review.
Our team will continue to monitor developments closely and will share further updates as soon as relevant information becomes available. Should you require clarification on how these developments may affect your situation, or wish to assess your eligibility under the existing rules, our team would be pleased to assist.
