Changes to the Nationality Law are under review by the Constitutional Court.

In recent weeks, there has been much discussion regarding the Socialist Party's (PS) decision to request the Constitutional Court to conduct a preventive review of the draft amendment to the Nationality Law. The measure, already approved by Parliament, tightens requirements for citizenship applications and modifies rules already established in the Portuguese legal system.

The discussion gains relevance because the President of the Republic, Marcelo Rebelo de Sousa, will only decide on the promulgation after receiving the opinion of the Constitutional Court — which has up to 25 days to analyze the request. During this period, all amendments remain suspended. Read the full article. on here.

What prompted the request for preventive inspection?

The Socialist Party (PS), the opposition party, identified potential constitutional violations in the legislation approved by Parliament. Several points drew attention, including:

• forecast Loss of citizenship in cases of serious crimes., a measure considered to have a strong impact on fundamental rights;
• rule that grants nationality only to those who has not served sentences exceeding two years.;
• Excluding the waiting period for a residence permit from the calculation of the minimum required time—a delay that often stems from the State itself;
• increase in residency period of five to seven years for Brazilians and citizens of the CPLP, and ten years for other nationalities.

Possible scenarios following the Constitutional Court's opinion.

• The Court considers the text unconstitutional.
  • The bill is automatically vetoed, with the approval of the President of the Republic.
  • The bill returns to Parliament, which will have to rewrite and vote on the content again.
• The Court considers the constitutional text.
  • The President can still veto the bill for political reasons.
  • If he does not veto it, the law is enacted.
• Decision with reservations
  • The Constitutional Court can validate some of the changes and invalidate specific provisions, requiring adjustments before promulgation.

The coming weeks will be crucial in determining whether Portugal will move forward with a more restrictive model or whether Parliament will have to reassess the legislative design. Until then, the current rules for nationality applications and transmission to family members remain in effect.

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