"The Constitutional Court gave time, it didn't change the law," says a lawyer from Martins Castro.
The recent decision by the Portuguese Constitutional Court, which blocked key parts of the government's proposal to tighten access to Portuguese nationality, has been interpreted by experts as a significant delay for those intending to apply under the current rules. For thousands of descendants of Portuguese citizens, this represents a genuine extension of the deadline, not an immediate change in the law.
In an interview with the column Portugal Giro, from the newspaper The globeLawyer Isabel Comte, from Martins Castro, analyzed the practical effects of the decision and highlighted the points that remain on the radar of the Portuguese Parliament. Read the full article. on here.
According to her, it is crucial to understand that the Constitutional Court did not alter the Nationality Law, but rather prevented a proposal with constitutional flaws from producing automatic effects.
"The Constitutional Court has given us time. We are not dealing with a new law in force, but with a proposal that needs to go back to Parliament, be adjusted and voted on again," he explained.
Measures that still need to be implemented
Despite the veto of four provisions, two amendments included in the proposal were not deemed unconstitutional and are likely to reappear in the new wording to be voted on by the deputies.
The first one concerns minimum residency periodwhich can increase from five to seven years for Brazilian citizens, nationals of Portuguese-speaking African countries, and citizens of the European Union, and to 10 years for other foreigners.
The second involves time of the request, which would only be admitted after the formal issuance of the residence permit, disregarding the administrative waiting time, currently marked by significant delays in the Portuguese immigration system.
Lack of transitional rule worries expert.
For Isabel Comte, the most sensitive point of the proposal is not only the extension of deadlines, but the absence of a transitional regime to protect those who are already close to meeting the current requirements.
"They don't want a transitional rule. This means that people who are in the process of or very close to completing the required time will lose their rights overnight," he stated.
The legal expert points out that, given the structural delays in immigration, many applicants end up being harmed by factors beyond their control.
"With the processes so delayed, by the time the application is reviewed, the person will have, in practice, already been a resident for more than five years," he explained.
The rules remain the same.
Isabel Comte emphasizes that, despite the political debate and proposals under discussion, nothing changes at the moment. All requests continue to be analyzed according to current legislation.
"The Constitutional Court's decision ensures that the rules currently in force remain valid. Any changes can only occur after a new parliamentary vote and presidential approval," he concluded.
A legal analysis of the situation points to a period of regulatory stability. For people of Portuguese descent, the moment calls for qualified information and planning, not haste. The proposal remains under debate, but without immediate practical effects.
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