The Partido Socialista (PS) has formally requested a preventive review by the Tribunal Constitucional (TC) of two decrees amending the nationality law, identifying eight provisions they allege violate constitutional protections. Central to their concern is the transitional regime — particularly how it will affect immigrants who are already legally residing in Portugal but have not yet fulfilled the five-year residence requirement for Portuguese nationality.
Transitional Regime Placed Under Scrutiny
In their submission, the PS argues the new provisions ignore the principle of confiança legítima (legitimate expectation) by failing to protect those already in the system under the previous law. They highlight that the legislation provides “absolutely no transitional mechanism” for residents whose counting period began under the old framework — raising fears that years of lawful residence may no longer count.
Specifically, the PS points to how the decrees change:
- The start date for counting legal residence;
- Language, culture and subsistence tests;
- The threshold for criminal conviction that triggers loss of nationality;
- And the lack of a gradual transition for those in process.
Constitutional Arguments Raised by PS
The PS contends that the transitional regime violates key constitutional principles:
- Equality (Art. 13) — by creating different rules for immigrants in different phases of residence;
- Proportionality — by imposing stricter conditions retroactively;
- Protection of trust and legitimate expectation — by altering conditions mid-process for individuals who built their lives under the old legislation.
They have sent written requests to the Constitutional Court, specifically flagging norms related to counting residence periods, the absence of transitional safeguards, and the broadening of grounds for nationality loss.
For thousands of immigrants with valid residence permits but who have yet to reach five years, the reforms could pose a serious threat:
- Previously earned years of residence might be invalidated or delayed;
- Additional requirements (such as language tests) may apply retroactively;
- Administrative delays and back-dating could place applicants in legal limbo.
The PS warns that without an adequate transitional regime, the law risks turning integration efforts into legal uncertainty rather than a reward for accumulated contributions.
The preventive review means the contested provisions are temporarily paused pending the Court’s decision. Should the TC find them unconstitutional, the government may be required to revise the transitional rules — potentially restoring counting of past residence years or offering exemptions. Conversely, a green light from the Court would allow the stricter regime to take effect unchanged.