Lisbon Dec 15,2025 — Portugal’s Constitutional Court (Tribunal Constitucional) has declared several core provisions of the new nationality law unconstitutional, delivering a decisive legal setback to the government’s attempt to tighten access to Portuguese citizenship.
The ruling follows a preventive constitutional review requested before the law could enter into force. After deliberation, the Court concluded that multiple norms of the legislation violate fundamental constitutional principles, rendering the law in its current form legally invalid.
Provisions struck down by the Court
According to the decision announced today, the Court rejected seven provisions of the law — four unanimously and three by majority vote.
Among the most significant provisions declared unconstitutional are:
- Automatic exclusion from nationality for criminal convictions
The Court ruled unconstitutional the rule that would have automatically barred individuals from acquiring Portuguese nationality if they had been convicted of a crime punishable by a prison sentence of two years or more. Judges found that such automatic exclusion violated principles of proportionality and individual assessment protected by the Constitution. - Changes to the residency calculation period
The Court rejected the provision that altered how legal residence time is counted for naturalisation, limiting it to the date of issuance of a residence permit rather than the date of application. This was found to undermine legal certainty and the principle of legitimate expectations for applicants who relied on existing rules. - Nationality loss linked to criminal sanctions
Provisions allowing for the loss of nationality as an accessory consequence of criminal convictions were also ruled unconstitutional, particularly where they resulted in unequal treatment between naturalised citizens and those with nationality by origin. - Vague grounds related to “manifest fraud”
The Court objected to provisions that allowed nationality to be denied or withdrawn based on broadly defined concepts such as “manifest fraud,” citing insufficient legal clarity and safeguards.
The TC considered it unequal to increase from five to seven years of residence the requirement for Brazilians, Europeans and immigrants from African nations to apply for citizenship. For other nationalities the term is ten years. Other rejected provisions reportedly involved restrictions affecting minors, transitional regimes, and differentiated treatment that conflicted with constitutional guarantees of equality.
In its assessment, the Constitutional Court emphasized that nationality law must respect:
- The principle of equality before the law
- The principle of proportionality
- Legal certainty and predictability
- The protection of legitimate expectations
- Fundamental rights attached to citizenship status
The Court made clear that while the legislature has the authority to regulate nationality, it cannot do so in a way that creates automatic exclusions, vague legal standards, or unequal treatment without strong constitutional justification.
As a result of today’s ruling:
- The nationality law cannot enter into force as approved
- Existing nationality rules remain fully applicable
- The government and Parliament must now decide whether to revise, replace, or abandon the rejected provisions
Until new legislation is adopted in conformity with constitutional requirements, the current legal framework governing access to Portuguese nationality continues unchanged.
What happens next
The full written judgment of the Constitutional Court is expected to be published in the coming days, detailing the legal reasoning behind each rejection. Political reactions and legislative responses are anticipated as authorities assess how to proceed.
For now, the Court’s decision brings clarity to a process marked by uncertainty and debate, reaffirming constitutional limits on how citizenship and nationality may be regulated in Portugal.
This is a developing story. More updates are expected.