“Principles cannot be violated. And the law violates almost all of them,” says Isabel Comte.
Isabel Comte defends constitutional analysis of the new Nationality Law.
The lawyer Isabel Comte, one of the leading experts on Portuguese citizenship, stated in an interview with the column Portugal Giro, from the newspaper The globethat the President of the Republic should send the Nationality Law to the Constitutional Court (TC) before making the decision to enact or veto the legislation.
“I think he will send it to the Constitutional Court. I don’t want to believe he will let it pass as it is. I hope he formulates his doubts well. Principles cannot be violated. And the law violates almost all of them,” Comte declared.
The 11th amendment to the Nationality Law, approved by Parliament last week, introduces significant changes to access to citizenship, such as... extension of residency periods for those already living in Portugal, new restrictions for children of immigrants and the revocation of the Sephardic route. Read the full article on here.
"A political setback more than a legal one"
Comte, who worked at the Ministry of Justice for over two decades in the area of nationality, believes that the proposal has... political motivation and represents a regression in the Portuguese legal tradition of welcoming and integration.
“This is a setback that is more political than legal. The law has been changed to adapt to the Portuguese reality, which used to be one of immigrants and now receives newcomers. Has society changed? It doesn't seem so,” he assessed.
The lawyer also warned that constitutional violations The approved text points to unequal treatment among immigrants, economic discrimination, and violations of fundamental rights.
“It violates the principle of non-discrimination, with different residency periods; it violates the fundamental right to citizenship of the children of immigrants by requiring five years of residency from one of the parents. To veto behavior that demonstrates a lack of integration is to violate freedom of expression. Will immigrants in associations be afraid to express their opinions? The Constitution says that foreigners have the same rights as Portuguese citizens.”
Next steps
The revision of the Nationality Law It has not yet arrived at Belém Palace., where it will be analyzed by President Marcelo Rebelo de Sousa.
The head of state may to veto politically, to sanction or request a preventive review of constitutionality — a path that, according to Comte, This should be the most appropriate course of action given the legal weaknesses of the text..
Until the decree is enacted and published in the Official Gazette, The current law remains in effect., and Nationality applications can be initiated normally..
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