Portugal Constitutional Court Declares Key Nationality Law Changes Unconstitutional

Lisbon, Portugal — Portugal’s Constitutional Court has ruled that several important parts of the new proposed nationality (citizenship) law are unconstitutional, meaning they cannot become law in their current form. The decision was announced on December 15, 2025, and marks a major setback for the government’s effort to reform how people become Portuguese citizens.

The ruling means the nationality law must be sent back to Parliament for revision before it can be signed and become official. President Marcelo Rebelo de Sousa will now have to return the bill to the legislature with instructions to fix the unconstitutional parts.

What the Court Ruled

The Constitutional Court did not reject the entire law, but it found that some key provisions violated the Portuguese Constitution. Judges focused on rules that would have made it harder for many people to qualify for citizenship or would have applied harsh consequences without proper legal protections.

Among the main issues the Court identified:

• Automatic exclusion from citizenship for people with certain criminal convictions was declared unconstitutional. The Court said citizenship decisions must consider each individual case and cannot apply automatic bans without judicial review.
• Excessive restrictions on access to nationality were struck down because they violated constitutional protections and made it too difficult for applicants.
• Provisions that could affect people already in the process of applying for citizenship were rejected because they change the rules suddenly and unfairly. This impacts the principle of legal certainty — meaning the law cannot change the rules after someone has already started the process.

Four of the seven contested rules were declared unconstitutional, while others  such as the idea of a ten-year residence requirement for naturalisation were left untouched, causing confusion about how the law will work going forward.

What the Proposed Law Tried to Change

Earlier in 2025, Portugal’s Parliament approved major changes to the country’s nationality law. The reform was one of the most significant updates in many years and aimed to tighten the conditions for acquiring Portuguese citizenship.

Key proposals included:

• Extending the time a person must live in Portugal before applying for citizenship  in some cases from 5 years to 7 or even 10 years.
• Making the calculation of residence time start only after the first residence permit is issued, not from the date of application.
• Adding stricter behaviour and integration requirements for applicants.

However, critics argued that some provisions went too far and could unfairly penalise applicants, especially those who have lived in Portugal for many years and integrated into society. The Socialist Party (PS) submitted preventive constitutional review requests to the Court, triggering the legal review.

Why the Court Said the Law Was Unconstitutional

The Constitutional Court based its decision on several core principles of the Portuguese Constitution:

• Equality before the law: Rules that create unequal treatment between people, such as automatic bans for certain groups of applicants, were not allowed.
• Legal certainty: The law cannot change the rules for people already in the middle of applying for citizenship. Changing criteria part-way through a process breaks trust and fairness.
• Proportionality: Restrictions on eligibility must be balanced and not overly strict. The Court found that some proposed limits were too harsh compared to their intended purpose.

For example, one rule would have automatically blocked people from citizenship if they were sentenced to prison time of two years or more. The Court said this was unconstitutional because it did not allow individual evaluation of each person’s situation.

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What Happens Next?

The Court’s ruling does not immediately stop all changes — only the parts it declared unconstitutional. But because these parts are central to the reform, the whole law cannot be enacted until Parliament corrects the flagged issues.

Now, lawmakers must return to the assembly and revise the text. This debate may continue into early 2026, as Parliament works through the holiday recess and reconvenes in January.

After Parliament makes amendments, the revised law may be sent back to the Constitutional Court for another review, or it may be signed by the President if changes are clear.

What This Means for Immigrants

For now, the current nationality law remains in effect. This means existing rules that allow people to apply for Portuguese citizenship after a period of legal residence  generally five years  are still valid.

People who are currently applying for citizenship can continue their process under the established rules, and the Court’s decision protects their legal expectations by preventing sudden changes mid-application.

However, the future remains uncertain. If Parliament ultimately passes new rules with stronger conditions for citizenship, some applicants may face changes once the new law is fully rewritten and approved.

Public and Political Reactions

Reactions have been mixed. Supporters of the reform, including some members of the ruling coalition, argue that tighter nationality rules are necessary to strengthen integration and legal clarity. Critics say the proposed changes were too severe and risked stripping rights from immigrants who have lived in Portugal for years.

The decision has drawn attention from legal experts, immigrant communities and political leaders, who agree that citizenship matters affect many people living and working in Portugal.

Portugal’s Constitutional Court has delivered a major ruling by declaring key parts of the proposed nationality law unconstitutional. The decision keeps the current citizenship rules in place for now and requires Parliament to revise the reform before it can become law.

This development highlights the importance of the Constitution in protecting individual rights and ensuring that laws are fair and balanced for everyone living in Portugal.

By PPR

DATE: 26-12-2025