Proposed amendment to the Nationality Law will be reviewed by the Constitutional Court: what does this mean for the Portuguese-descendant community?
The recent approval by the Portuguese Parliament of amendments to the Nationality Law has opened a new phase in the legal debate. The Socialist Party (PS) has confirmed that it will send the text to the Constitutional Court for analysis before any presidential decision.
This move was already anticipated by experts. Isabel Comte, a legal expert at Martins Castro, had predicted that, given the constitutional doubts raised during the legislative process, referring the matter to the Constitutional Court would be a likely and legally prudent course of action.
The President of the Republic, Marcelo Rebelo de Sousa, announced that he will analyze the project, but will await the assessment of the Constitutional Court. The Portuguese Constitution is clear: the President cannot promulgate organic laws — such as the Nationality Law — before the constitutional deadline has passed or before the opinion of the Court, should there be a formal request for preventive review.
What happens now?
With the referral to the Constitutional Court, a formal procedure begins that must follow three steps:
- Remittance by the Socialist PartyThe Socialist Party will forward the text approved in Parliament for preventive review.
- 25-day deadline for the opinion.The Constitutional Court is expected to issue a ruling within that period.
- Presidential decisionAfter receiving the opinion, the President will decide whether to enact or veto the legislative amendment.
While this analysis is ongoing, the changes they cannot come into effectThe timelines and stages may vary depending on the decisions made throughout this process of amending the Portuguese Nationality Law.
The processes remain viable under the current rules.
It is crucial to emphasize that, despite the vote in Parliament, No change produces an immediate effect.For any change to take effect, presidential approval is required, followed by publication in the Official Gazette.
Until that happens:
- Citizenship applications continue to be submitted as normal., according to the criteria currently in force.
- The Sephardic route remains available. For those who can prove Sephardic ancestry and demonstrate ties to Portugal — without requiring residency in Portuguese territory.
- Transmission to children and spouses It continues to be governed by the same requirements in effect today.
- Ongoing processes will not be affected.Even after the presidential decision, they will be evaluated according to the legislation in effect at the time of submission.
This stage of constitutional review not only suspends the entry into force of the amendments, but also reinforces the legal security of the system, by ensuring that any change respects the applicable constitutional principles.
Sending the text to the Constitutional Court represents a moment of institutional caution and in-depth technical analysis. For those who are in the process of obtaining Portuguese nationality—or intend to begin it—the situation remains stable. Current rules remain valid, and existing pathways remain open.
If you are already a Martins Castro customer and have questions about your process, please send an email to hello@martinscastro.pt.
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