Nationality Law Update – Review by the Constitutional Court

Portugal’s recently approved Nationality Law has entered a new stage of scrutiny following a request by the Socialist Party (PS) for a constitutional review of several provisions. The request reflects concerns regarding the way residence periods are counted under the new framework, the revised rules affecting nationality acquisition by foreign residents and children born in Portugal, and the potential incompatibility of some measures with constitutional principles such as equality and proportionality.

As a result, the legislative process is now temporarily on hold. President Marcelo Rebelo de Sousa has stated that he will wait for the Constitutional Court’s ruling before taking further action. Should the Court find any provision unconstitutional, the President will be required to veto the law. If the Court validates the reform, the President must then make a political decision on whether to promulgate it. In the event of a veto, the law will return to Parliament for revisions and a new vote.

At this stage, the final wording and practical application of the Nationality Law remain uncertain. The outcome of the constitutional review will determine whether the law proceeds as approved, requires adjustments, or is returned to the legislative process for further debate.