๐๐จ๐ซ๐ญ๐ฎ๐ ๐๐ฅ’๐ฌ ๐๐๐ฐ ๐๐๐ญ๐ข๐จ๐ง๐๐ฅ๐ข๐ญ๐ฒ ๐๐๐ฐ ๐๐๐๐ฅ๐๐ซ๐๐ ๐ฎ๐ง๐๐จ๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ
Portuguese Nationality Law
๐๐ง ๐๐ ๐๐๐๐๐ฆ๐๐๐ซ ๐๐๐๐, ๐ญ๐ก๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐๐ฅ๐๐ซ๐๐ ๐๐ฌ๐ฌ๐๐ง๐ญ๐ข๐๐ฅ ๐ฉ๐๐ซ๐ญ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐ฅ๐๐ฐ ๐ฎ๐ง๐๐จ๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ.
Portugalโs Constitutional Court has officially rejected key parts of the new Nationality Law, declaring them unconstitutional. As a result, those parts of the law are cancelled and cannot be applied.
๐๐จ๐ซ๐ญ๐ฎ๐ ๐๐ฅ ๐๐จ๐ฎ๐ซ๐ญ ๐๐ข๐ฌ๐๐ ๐ซ๐๐๐ ๐ฐ๐ข๐ญ๐ก ๐ ๐ง๐๐ฐ ๐ง๐๐ญ๐ข๐จ๐ง๐๐ฅ๐ข๐ญ๐ฒ ๐ฅ๐๐ฐ.
Some politicians argued that the law was unfair and unconstitutional.
The case was brought before the Constitutional Court. The Court officially declared parts of the law unconstitutional.
This means those parts are cancelled. Why did the Court check the law? In Portugal, no law can break the Constitution.
Nationality is a fundamental right, not a tool of punishment. The Court checked if the law: Treats people equally, Is fair.
Is not retroactive
Point 1: Taking nationality away for crimes
What the law wanted:
If a naturalised Portuguese citizen commits a serious crime,
The government could take away nationality.
What the Court said:
This creates two types of Portuguese citizens:
Portuguese by birth (safe)
Portuguese by naturalisation (at risk)
This is discrimination.
Final decision:
Unconstitutional
Nationality cannot be used as a basis for punishment.
Point 2: Different rules based on how long someone has been Portuguese
What the law wanted:
If someone became Portuguese less than 10 years ago,
They could lose their nationality.
If more than 10 years โ safe.
What the Court said:
Once someone is Portuguese,
Time does not matter.
Rights are not temporary.
Final decision:
Unconstitutional
All Portuguese citizens must be treated the same.
Point 3: Applying new rules to old applications
What the law wanted:
New strict rules would apply to
applications already submitted.
What the Court said:
People applied based on the old law.
Changing rules later is unfair.
Final decision:
Unconstitutional
Old applications must follow old rules.
Point 4: Automatic punishment without a judge
What the law wanted:
Nationality could be removed
automatically, without full court review.
What the Court said:
Such a serious decision must:
Be judged individually
Be fair
Be proportional
Final decision:
Unconstitutional
Automatic decisions are not allowed.
How many parts were cancelled?
4 parts of the law were cancelled
3 parts cancelled by the full agreement of judges
Shows that the Court was obvious
What happens now?
Cancelled rules will not apply.
.
The President cannot sign the law
Parliament must rewrite the law
Which law applies today?
๐๐ฅ๐ ๐ง๐๐ญ๐ข๐จ๐ง๐๐ฅ๐ข๐ญ๐ฒ ๐ฅ๐๐ฐ ๐ฌ๐ญ๐ข๐ฅ๐ฅ ๐๐ฉ๐ฉ๐ฅ๐ข๐๐ฌ
๐-๐ฒ๐๐๐ซ ๐ฅ๐๐ ๐๐ฅ ๐ซ๐๐ฌ๐ข๐๐๐ง๐๐ ๐ซ๐ฎ๐ฅ๐ ๐๐จ๐ง๐ญ๐ข๐ง๐ฎ๐๐ฌ
๐๐จ ๐ฅ๐จ๐ฌ๐ฌ ๐จ๐ ๐ง๐๐ญ๐ข๐จ๐ง๐๐ฅ๐ข๐ญ๐ฒ ๐๐ฌ ๐ฉ๐ฎ๐ง๐ข๐ฌ๐ก๐ฆ๐๐ง๐ญ
๐๐๐ง๐๐ข๐ง๐ ๐๐๐ฌ๐๐ฌ ๐๐ซ๐ ๐ฌ๐๐๐
Why is this judgment significant?
Protects immigrants
Protects naturalised Portuguese
Stops second-class citizenship
Confirms Portugal follows constitutional equality
๐๐๐จ๐ฎ๐ญ ๐
๐จ๐ซ๐๐๐ฌ ๐๐จ๐ซ๐ญ๐ฎ๐ ๐๐ฅ ๐๐ง๐ ๐๐๐๐ข๐๐ข๐๐ฅ ๐๐ฎ๐๐ฅ๐ข๐๐๐ญ๐ข๐จ๐ง ๐๐ฅ๐๐ญ๐๐จ๐ซ๐ฆ๐ฌ
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๐๐ก๐ ๐ ๐จ๐ซ๐๐๐ฌ ๐๐ง๐ง๐ฎ๐๐ฅ ๐๐ฎ๐ฆ๐ฆ๐ข๐ญ ๐๐๐๐ ๐ฐ๐๐ฌ ๐ง๐จ๐ญ ๐ฃ๐ฎ๐ฌ๐ญ ๐ ๐๐๐ฅ๐๐๐ซ๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐ ๐๐๐๐๐๐ ๐จ๐ ๐ ๐จ๐ซ๐๐๐ฌ ๐๐ฒ๐๐ซ๐จ๐ฐ๐ง ๐๐๐ ๐ฆ๐๐ง๐ญ’๐ฌ ๐ฉ๐ซ๐๐ฌ๐๐ง๐๐, ๐ฅ๐๐ ๐๐ฒ ๐๐๐ ๐๐ซ. ๐. ๐. ๐๐๐ข๐ง๐ข, but also an essential milestone in the company’s journey and a reinforcement of its standing within Portugal’s professional and international business community.
