The path to citizenship in Portugal has recently faced a significant legal obstacle. In a significant decision that impacts the debate around immigration and integration, the Portuguese Constitutional Court has declared several proposed changes to the Nationality Law unconstitutional.
This decision represents a significant check on the legislative changes proposed by the current government. The proposed laws aimed to tighten the requirements for acquiring citizenship. They also intended to introduce strict penalties for those who violate specific conditions. However, the Constitutional Court found that many of these new measures infringed upon fundamental rights. They also lacked the necessary legal clarity.
This article breaks down the court’s decision, the specific norms that were blocked, and what this means for the future of Portuguese nationality.
The Constitutional Court’s decision
On Monday, December 15, 2025, judges at the Constitutional Court delivered their verdict on a request for preventive inspection submitted by the Socialist Party (PS). The request challenged the validity of two specific decrees: one revising the Nationality Law and another altering the Penal Code to include loss of nationality as an accessory penalty.
The court’s decision was significant, ruling that four norms within the proposed legislation were unconstitutional. The rejection was based on the need to protect fundamental rights, uphold the principle of equality, and ensure legal certainty.
The four rejected norms
The Constitutional Court identified four specific areas where the proposed legislation violated the Portuguese Constitution. These areas concern criminal records, fraudulent documents, pending applications, and loyalty to the state.
1. Automatic exclusion for criminal convictions
A proposed rule to automatically deny citizenship to anyone convicted of a crime with a prison sentence of two years or more was unanimously declared unconstitutional by the court. The judges argued that a conviction alone does not necessarily sever integration into the Portuguese community. They called the measure a “disproportionate restriction” on the right to citizenship.
2. Loss of nationality due to document fraud
The court also rejected a rule that would revoke nationality obtained through fraudulent documents. The proposal aimed to remove the “consolidation” of nationality – a protection preventing nationality from being revoked after a certain period. However, the judges found the law poorly drafted. It failed to clearly distinguish between ordinary fraud and “manifest fraud.” This ambiguity violated legal principles of clarity, making the rule difficult for citizens and courts to interpret.
3. Retroactive rules for pending applications
The most significant decision for applicants was rejecting retroactive changes. The proposed law aimed to apply stricter requirements to applications already pending when the law took effect. Currently, applications are evaluated under the laws in place at the time of submission.
The Constitutional Court ruled this violated the ‘principle of protection of trust.’ Applicants have a legitimate expectation their submissions will be judged under existing laws. The court stated that applying new rules mid-process undermines this trust. It changes the rules for those already engaged with the system.
4. Vague definitions of “loyalty”
The fourth norm, rejected by a majority, proposed canceling nationality based on behavior. It allowed the state to strip citizenship from individuals whose actions “rejected adhesion to the national community,” its institutions, or symbols.
The court considered this language too vague, noting the lack of clarity on what specific behaviors would trigger this penalty. Without clear definitions, citizens couldn’t predict which actions might result in losing their citizenship. This situation violates the principle that laws must be precise enough for people to understand and follow.
Rejection of nationality loss as a penalty
The court also examined a decree that would have added the loss of nationality to the Penal Code as a penalty for certain crimes. This measure was ruled unconstitutional.
The judges found that this violated the principle of equality. The penalty would only apply to citizens who were not Portuguese by origin and who committed a crime within ten years of gaining nationality, creating a two-tier system where naturalised citizens faced stricter penalties than native-born citizens.
The legislative future
The Constitutional Court’s decision doesn’t block the legislation but forces a pause and rethink. The legislation must now return to the Assembly of the Republic.
Although the coalition behind the law holds a two-thirds majority – enough to override a presidential veto – overturning a Constitutional Court ruling on its constitutionality is a different matter. Parliament typically needs to amend or redraft the law to address the court’s concerns.
The debate is far from over. Proponents may attempt to revise the rejected sections to align with the court’s guidance while preserving their political goals.
Looking ahead
Portugal remains a key hub for migration in Europe. The ongoing debate over nationality laws reflects broader challenges across the continent related to integration and security.
While the Constitutional Court has protected basic rights, the parliamentary majority continues to push for stricter nationality laws. A revised version of the law is expected in the coming months. However, legislators will need to carefully address the constitutional concerns raised in this ruling.
For now, the current Nationality Law remains in effect. Legal experts recommend that applicants proceed with their processes as usual, reassured by the court’s affirmation of the need for fair, proportional, and transparent rules for obtaining Portuguese citizenship.
For further assistance and to learn more about how we can help with your Portuguese citizenship application, contact us today. Our dedicated team is here to provide expert advice and guidance in Portugal tailored to your individual circumstances.
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