In a decisive move, the parliamentary group of Partido Socialista (PS) has announced its intention to file a preventive constitutional review of the revised Lei da Nacionalidade (Nationality Law) with the Tribunal Constitucional.
The legislative changes, recently approved by right-wing parties, are now under scrutiny for potential breaches of constitutional guarantees such as the “principle of trust” in administrative proceedings and the regime for loss of nationality as an accessory penalty.
Key Issues
- PS argues that the law fails to account for waiting time in administrative processes when calculating legal residence — a violation of the principle of confidence.
- The party also criticizes the new provision making loss of Portuguese nationality an accessory penalty for serious crimes, questioning its compatibility with constitutional protections.
- At least 46 PS deputies must sign the request to trigger the preventive review.
Once the request is lodged, the Constitutional Court has up to 25 days to decide whether the law is compatible with the constitution. Meanwhile, the law’s promulgation by Marcelo Rebelo de Sousa, the President of the Republic, will be suspended until the Court issues a ruling.
President Marcelo has stated his intention to await the Court’s decision before taking any further political steps.
This action marks a significant moment in Portugal’s citizenship and immigration policy. With the revised legislation aimed at tightening national-status rules, the PS’s move underscores growing concern over legal safeguards and the balance between sovereignty and rights.
Observers say the outcome of the review could not only affect the current law but shape how Portugal handles nationality, migration, and state-citizen relationships in the years to come.