Amendments to the Nationality Law are sent to the Constitutional Court for review.
The amendments to the Portuguese Nationality Law, approved by Parliament in October, have been sent to the Constitutional Court. From that date, the Court has 25 days to analyze whether the text is in accordance with the Constitution. That is, the decision should be released this December. According to Isabel Comte, a lawyer at Martins Castro, this step is essential to ensure that any changes respect the Portuguese Constitution and the rights of applicants for nationality.
The President of the Republic, Marcelo Rebelo de Sousa, received the diploma in November, but will await the opinion of the Constitutional Court before making a decision. Thus, the process remains paused until this analysis is concluded.
The government divided the changes into two projects:
- The first one directly amends the Nationality Law.
- The second creates the possibility of losing citizenship in cases of serious crimes, a topic that requires special attention because it involves fundamental rights.
If the Constitutional Court identifies any problems in the text, the bill will be vetoed with the President's support and will return to Parliament. In that case, the deputies will have to rewrite and vote on the bill again. If the Court considers that there are no unconstitutionalities, the text will go to the President for a final decision, who may approve or veto it politically.
Meanwhile, it is important to highlight that Applications for nationality through the Sephardic route, as well as applications for spouses and minor children, continue to be accepted according to current rules.Any change will only take effect after all formal steps have been completed.
Martins Castro denounced discrimination in the proposed amendment to the law and defended the principles of the rule of law.
In October, Martins Castro sent a formal letter to the Presidency of the Republic expressing concern about signs of discrimination present in the amendments approved by Parliament. The document, signed by CEO Renato Martins and lawyer Isabel Comte, was sent on behalf of civil society and represents thousands of people of Portuguese descent around the world.
The letter draws attention to points in the new text that create vague criteria for granting or denying citizenship, such as tests of adherence to state values, cultural requirements, and subjective assessments of behavior. According to the document, these measures may violate individual freedoms and compromise legal certainty.
The text also reinforces the importance of the Sephardic route, recalling its historical and symbolic value and highlighting that its revocation would directly affect families who depend on this legal recognition.
The submission of the amendments to the Constitutional Court represents an important moment for review and ensuring legal certainty. Martins Castro will continue to monitor each step, reinforcing its commitment to the rights of the Portuguese-descendant community.
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