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Portugal’s Constitutional Court (Tribunal Constitucional) ruled that several norms in the recently approved amendments to the Nationality Law are unconstitutional, according to RTP, preventing the diploma from being promulgated in its current form. This development preserves the current legal regime while the legislature considers how to respond.
The decision comes from a preventive constitutional review requested by the Socialist Party (PS) and represents a major development for foreign residents and nationality applicants, since it ensures legal certainty under the existing framework until further changes are made.
What the Court Decided
The Constitutional Court concluded that multiple norms of the proposed reform violate fundamental constitutional principles, particularly the principles of equality and proportionality. Although the full text of the ruling has not yet been published by the Court, the press release and reporting confirm the essence of the decision: the norms challenged cannot be promulgated as approved by Parliament.
As RTP Notícias reports, the judges announced the inconstitucionalidade de várias normas da Lei da Nacionalidade, noting that the review responded to two preventive review requests submitted by PS and that the decision will now carry political and legislative consequences.
According to reporting in Sol, the President of the Republic is now considering whether to veto the diploma or take other actions once the decision is formalised, but the Constitution requires that a blocked law cannot simply be promulgated in its unconstitutional state.
Norms Declared Unconstitutional
At this stage, the Constitutional Court’s public announcements and reporting indicate that several core provisions were struck down:
- Automated restrictions on nationality based on criminal convictions: one of the norms ruled unconstitutional concerned an automatic impediment to access citizenship for persons with specific criminal sentences.
- Procedural requirements for nationality applications: rules linking eligibility to the date of residence permit issuance—rather than to the date of application—were also noted as violating constitutional protections, including the “proteção de confiança.”
- Vague or unenforceable provisions: certain norms, such as those addressing “manifest fraud,” were declared unconstitutional because their scope could not be determined with constitutional clarity.
- Loss of nationality as a sanction: the Court also found unconstitutional norms introduced as an accessory penalty regarding loss of nationality, on the grounds that they differentiate between categories of citizens in ways incompatible with equality.
Together, these decisions mean that at least four norms of the new regime were struck down, with three by unanimous decision, according to Rádio Renascença.
Notably: the new ten-year timeline was not deemed unconstitutional.
What Law Applies Now?
Because this ruling occurred under a preventive review, the consequences are immediate:
- The President of the Republic cannot promulgate the law while these norms remain unconstitutional.
- The diploma must now be returned to the Assembly of the Republic for revision.
- The current Nationality Law remains in full force until a constitutionally compliant revision is adopted.
Next Steps in Parliament
Parliament now has several options:
- Remove the unconstitutional norms and resubmit the diploma to the President.
- Rewrite the reform so that any future version complies with constitutional principles.
Because the Court’s objections are tied to core guarantees such as equality and proportionality, future revisions will likely require substantial redrafting rather than simple technical tweaks.
There is no fixed timetable for this legislative process, and deliberations may extend into 2026.