Nationality lawsuit: when the courts can unblock your process.
The delay in processing Portuguese nationality applications is currently one of the biggest anxieties for applicants and their families. In many cases, the application has been correctly submitted, the documentation is complete, but there is no decision within the legal timeframe. It is in this scenario that the possibility of [a Portuguese citizenship application] arises. nationality lawsuit, a legitimate instrument provided for in the Portuguese legal system.
This text explains, in a clear and educational way, When is legal action appropriate, what are the existing modalities, and how does the process work from initiation to decision?, always emphasizing that this is a right of the applicant and not a risk to the administrative process.
What is a nationality lawsuit?
A lawsuit is a process presented to the court so that a judge can determine that the Public Administration fulfills its legal duty to decide. In the case of Portuguese nationality, this duty is stipulated in the Code of Administrative Procedure, which establishes the time limit for... 90 business days for decision.
When this deadline is exceeded without any formal response, it constitutes what is called a "problem" or "complaint." omission of the duty to decide, opening the door for intervention by the Judiciary.
The two types of legal action
They exist two main roadsapplicable according to the waiting time and the specific situation of the applicant.
1. Action to perform a due act
This option is recommended when:
- The citizenship application has already been submitted;
- More than 90 working days have passed without a decision;
- A full year has not yet passed since the end of that legal deadline.
Here, the goal is for the judge to instruct the Registry Office to review the case and issue a decision.
2. Summons for the protection of rights, freedoms and guarantees
This action is appropriate when, in addition to the delay, there is... real and verifiable loss resulting from a lack of nationality, such as:
- Need for healthcare treatment in countries of the European Union;
- Job offer contingent upon Portuguese citizenship;
- Opportunity for study or legal residency linked to European citizen status.
In this case, the court assesses not only the delay, but also the concrete impact of this omission on the applicant's life.
Does legal action harm the administrative process?
No. The legal action It does not interfere negatively. In the analysis of the nationality application, this is an independent process whose objective is to guarantee compliance with the law and the legal deadline.
Although no legal action can have a guaranteed outcome, as it depends on the court's assessment, there are already... cases in which, after a favorable decision, the administrative process was completed within the 30-day working day period..
Legal action for nationality is not a shortcut, nor a confrontation with the Administration, but a... legitimate mechanism for protecting rights when the legal deadline is not respected.
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