- Thread starter
- Staff
- #1
Dadparvar
Staff member
- Nov 11, 2016
- 10,405
- 0
- 6
Portugal’s Constitutional Court ruled on Monday that several recently approved provisions of the Nationality Law are unconstitutional.
Portuguese citizenship is currently regulated by the Nationality Law (Law No. 37/81), which has been amended several times, the latest change being made on October 28, 2025. However, on November 13, the Socialist Party (PS), the third-largest party in Portugal’s Parliament, sent the Nationality Law to the Constitutional Court, arguing that the new amendments violate equality before the law, proportionality in restrictions of fundamental rights, and other fundamental constitutional principles.
The changes to the Nationality Law include:
The Constitutional Court declared four provisions unconstitutional, one of which is the rule that automatically prevents anyone convicted of a crime punishable by two years or more from obtaining Portuguese citizenship. The court argued that it is a “disproportionate restriction” of the fundamental right of access to citizenship and also a violation of the constitutional rule that no sentence shall necessarily entail the loss of any civil, professional, or political rights.
Additionally, a rule establishing that the ‘consolidation of nationality does not apply to bona fide holders in cases of manifest fraud” was struck down, as the rule does not offer any criteria for distinguishing between situations of fraudulent acquisition and situations of manifest fraud. Changes to the qualifying period were also deemed unconstitutional as the court held it violates the expectations of persons with pending applications under the current regime.
Lastly, the court held that the rule regarding the cancellation of nationality when a person openly acts against the national community, its institutions, and its symbols is unconstitutional because there are no clear explanations of what kind of behavior could lead to losing nationality.
Following the Constitutional Court’s decision, the nationality law amendments cannot enter into force as approved. Until a revised text is approved, reviewed, and promulgated, the existing nationality law remains applicable.
The post Portugal Constitutional Court rejects stricter Nationality Law amendments appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.
Portuguese citizenship is currently regulated by the Nationality Law (Law No. 37/81), which has been amended several times, the latest change being made on October 28, 2025. However, on November 13, the Socialist Party (PS), the third-largest party in Portugal’s Parliament, sent the Nationality Law to the Constitutional Court, arguing that the new amendments violate equality before the law, proportionality in restrictions of fundamental rights, and other fundamental constitutional principles.
The changes to the Nationality Law include:
- Doubling the residency requirement for naturalisation from 5 years to 10 years, and from 5 years to 7 years for EU/CPLP nationals;
- Beginning the residency period at the date of issuance of the first residence card, rather than from the date of the initial application; and
- Allowing loss of nationality in cases of conviction for serious crimes.
The Constitutional Court declared four provisions unconstitutional, one of which is the rule that automatically prevents anyone convicted of a crime punishable by two years or more from obtaining Portuguese citizenship. The court argued that it is a “disproportionate restriction” of the fundamental right of access to citizenship and also a violation of the constitutional rule that no sentence shall necessarily entail the loss of any civil, professional, or political rights.
Additionally, a rule establishing that the ‘consolidation of nationality does not apply to bona fide holders in cases of manifest fraud” was struck down, as the rule does not offer any criteria for distinguishing between situations of fraudulent acquisition and situations of manifest fraud. Changes to the qualifying period were also deemed unconstitutional as the court held it violates the expectations of persons with pending applications under the current regime.
Lastly, the court held that the rule regarding the cancellation of nationality when a person openly acts against the national community, its institutions, and its symbols is unconstitutional because there are no clear explanations of what kind of behavior could lead to losing nationality.
Following the Constitutional Court’s decision, the nationality law amendments cannot enter into force as approved. Until a revised text is approved, reviewed, and promulgated, the existing nationality law remains applicable.
The post Portugal Constitutional Court rejects stricter Nationality Law amendments appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.