Constitutional Court blocks proposal to tighten Nationality Law.
In December, the Portuguese Constitutional Court analyzed the proposed amendment to the Nationality Law approved by Parliament at the end of October and concluded that four points in the text do not respect the Portuguese Constitution. The decision prevents the text from taking effect in the form in which it was approved.
It is important to clarify from the outset that this is not a change that has come into effect, but rather a legislative proposal. Therefore, no rules for new applications have been altered so far. Applications already in progress will be analyzed according to the legislation in force on the date of submission to the registry office.
The role of the Constitutional Court in this process
The Constitutional Court acts as the guardian of the Constitution. Upon receiving a request for analysis of specific points, the Court examined the content of the proposal and concluded that these did not meet constitutional parameters. In three of these cases, the decision was unanimous among the judges.
What happens after this decision?
With the Constitutional Court's ruling, the legislation cannot be implemented. The correct procedure is to return the text to Parliament so that the points deemed unconstitutional can be reviewed, reformulated, or possibly eliminated.
Only after this adjustment, and after a new parliamentary vote, can the text be sent back to the President of the Republic. Until then, there is no valid change to the Nationality Law.
Immediate impact for the Portuguese-descendant community
In practice, the decision brings legal stability. Those planning to apply for Portuguese nationality remain subject to the current rules, without any detriment or alteration of criteria.
The political debate continues to be subject to adjustments, discussions, and new deadlines, but the applicable law remains the same.
The Constitutional Court's decision does not change the Nationality Law. On the contrary, it prevents a proposal with constitutional flaws from coming into effect.
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