Portugal: Update on Nationality Law and Constitutional Review

Author: Fio Legal

Recent developments in Parliament have raised questions about the status of amendments concerning Portuguese nationality.

At this stage, it is important to distinguish between two separate legislative tracks:

• The core amendments to the Nationality Law

• The introduction of a criminal “ancillary penalty” allowing loss of nationality for naturalised citizens in specific cases

The latter has been referred for preventive constitutional review before the Tribunal Constitucional, due to concerns around constitutional principles, particularly equality.

However, the main Nationality Law amendments were not included in this request.

What does this mean in practice?

The diploma amending the Nationality Law is currently before the Presidente da República and, in the absence of a request for constitutional review at this stage, may be:

• promulgated

• vetoed and returned to Parliament

• or independently referred to the Constitutional Court

From a legal standpoint, there is no automatic suspension of the legislative process regarding the core Nationality Law amendments.

From a practical standpoint, timing remains uncertain and will depend on institutional and political considerations.

This distinction is essential for those pursuing nationality pathways in Portugal, as different elements of the reform may progress at different speeds.

By Fio Legal