Amendments to the Nationality Law: What to expect?

Following its review earlier this summer of the Immigration Law, the Constitutional Court has now examined the amendments to the Nationality Law proposed by the government in response to a request for preventive constitutional review submitted by the Socialist Party.

The court concluded that several of the approved provisions did not pass constitutional scrutiny.

Among the most controversial provisions struck down is the rule providing for the loss of Portuguese nationality as a consequence of the commission of certain crimes, which the Court held to be unconstitutional. The Court also declared unconstitutional the provision establishing that pending nationality applications should be assessed based on the date on which the residence permit was granted, rather than the date on which the application was filed.

With regard to this latter issue, the Constitutional Court held that such a solution violates the principle of protection of legitimate expectations, as it undermines the lawful expectations of applicants with pending proceedings. Accordingly, the Court considered that the “rules of the game” cannot be changed midway through the procedure.

As a result of this decision, the President of the Republic vetoed the bill and returned the legal text to the Assembly of the Republic. Until the legislative process is concluded and any new amendments are approved and enacted in line with the Constitutional Court’s interpretation, the Nationality Law shall remain fully in force in its current wording.

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