In the latest Portugal Citizenship Updates, the country’s Constitutional Court has ruled that four of the seven contested provisions in the recently approved Nationality Law reform are unconstitutional. The decision prevents those measures from taking effect and sends the legislation back to Parliament for revision.
Three of the invalidated provisions were struck down unanimously. In a separate ruling, the Court also declared unconstitutional a Penal Code amendment that would have introduced loss of nationality as an accessory penalty for serious crimes.
Provisions Rejected by the Court
As part of these Portugal Citizenship Updates, the Court rejected:
- Automatic denial of citizenship for individuals with criminal convictions carrying sentences of more than two years. Broad and vaguely defined fraud clauses that would have prevented the consolidation of nationality without clear legal standards.
- Provisions allowing the cancellation of nationality based on undefined behaviors described as a “rejection of the national community.”
- Rules requiring pending citizenship applications to be assessed under the legal requirements in force at the time of the decision rather than at the time of submission, which the Court found violated legal certainty.
- The Penal Code decree establishing loss of nationality as an additional criminal penalty was also unanimously struck down.
Key Measures That Remain Intact after Portugal Citizenship Updates
These Portugal Citizenship updates also confirm that the Court upheld key elements of the reform, including changes to how residency time is calculated for naturalization. Notably, the proposal to extend the minimum residency requirement from five years to ten years for certain categories of applicants remains valid.
What Happens Next after Portugal Citizenship Updates
Following these Portugal Citizenship updates, the law cannot be enacted in its current form. Parliament now faces several options:
- Remove the unconstitutional provisions and resubmit the revised text to the President.
- Undertake broader revisions to ensure the reform complies with constitutional principles, particularly equality and proportionality.
There is no fixed timetable for this process, and legislative discussions may extend into 2026, influenced by parliamentary recesses and upcoming presidential elections.
The reform was originally approved on October 28 with 157 votes in favor and 64 against. As highlighted in these Portugal Citizenship updates, the proposal extends the naturalization timeline from five to ten years for non-EU, non-CPLP nationals. The approval margin exceeds the two-thirds threshold, allowing Parliament, in principle, to reaffirm the law despite the Court’s objections, provided the unconstitutional provisions are addressed.
Read also: Portugal Citizenship Changes Approved by Parliament: Here’s What Investors Need to Know