Portuguese New Nationality Law – Court Decision (Judgment)
𝐃𝐚𝐭𝐞: 16 December 2025
𝐏𝐨𝐫𝐭𝐮𝐠𝐮𝐞𝐬𝐞 𝐍𝐞𝐰 𝐍𝐚𝐭𝐢𝐨𝐧𝐚𝐥𝐢𝐭𝐲 𝐋𝐚𝐰 – 𝐂𝐨𝐮𝐫𝐭 𝐃𝐞𝐜𝐢𝐬𝐢𝐨𝐧 (𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭 𝐂𝐨𝐩𝐲)
𝐃𝐚𝐭𝐞: 16 December 2025
𝐂𝐨𝐮𝐫𝐭: Portuguese Constitutional Court
𝐖𝐡𝐚𝐭 𝐭𝐡𝐞 𝐂𝐨𝐮𝐫𝐭 𝐃𝐞𝐜𝐢𝐝𝐞𝐝
The Court stopped the changes to the Nationality Law.
The law was declared unconstitutional (inapplicable).
𝐖𝐡𝐲 𝐭𝐡𝐞 𝐂𝐨𝐮𝐫𝐭 𝐑𝐞𝐣𝐞𝐜𝐭𝐞𝐝 𝐭𝐡𝐢𝐬 𝐋𝐚𝐰
𝟏. 𝐀𝐮𝐭𝐨𝐦𝐚𝐭𝐢𝐜 𝐩𝐮𝐧𝐢𝐬𝐡𝐦𝐞𝐧𝐭 𝐢𝐬 𝐧𝐨𝐭 𝐚𝐥𝐥𝐨𝐰𝐞𝐝.
Citizenship cannot be denied automatically merely because someone has a prior criminal conviction.
𝟐. 𝐑𝐮𝐥𝐞𝐬 𝐰𝐞𝐫𝐞 𝐮𝐧𝐜𝐥𝐞𝐚𝐫, 𝐚𝐧𝐝 𝐜𝐨𝐧𝐟𝐮𝐬𝐢𝐧𝐠
Words like “bad behaviour” or “rejecting national values” are too vague. The Palimamamt government did not clearly explain what “bad behaviour” means
𝟑. 𝐈𝐧𝐧𝐨𝐜𝐞𝐧𝐭 𝐩𝐞𝐨𝐩𝐥𝐞 𝐜𝐚𝐧𝐧𝐨𝐭 𝐛𝐞 𝐩𝐮𝐧𝐢𝐬𝐡𝐞𝐝
If fraud was committed by someone else, a good-faith applicant cannot lose their nationality. 𝗘𝘅𝗮𝗺𝗽𝗹𝗲: A child gets nationality through their parents
Later, the parent is found guilty of fraud. The child did nothing wrong
The new law tried to cancel the child’s nationality. The court said this is 𝐍𝐎𝐓 𝐚𝐥𝐥𝐨𝐰𝐞𝐝.
𝟒. 𝐆𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐝𝐞𝐥𝐚𝐲 𝐜𝐚𝐧𝐧𝐨𝐭 𝐡𝐚𝐫𝐦 𝐚𝐩𝐩𝐥𝐢𝐜𝐚𝐧𝐭𝐬
Residence time cannot depend solely on the date the permit is issued (administrative delay). 𝗘𝘅𝗮𝗺𝗽𝗹𝗲: person applies for a residence permit on time. The government takes many months or years to issue the permit
Later, the government says: Your residence time starts only from the permit issue date” This is unfair. The court said this is 𝐍𝐎𝐓 𝐚𝐥𝐥𝐨𝐰𝐞𝐝.
𝟓. 𝐏𝐞𝐨𝐩𝐥𝐞’𝐬 𝐞𝐱𝐩𝐞𝐜𝐭𝐚𝐭𝐢𝐨𝐧𝐬 𝐦𝐮𝐬𝐭 𝐛𝐞 𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐞𝐝
Applicants who already applied under the old rules must be treated fairly. 𝗘𝘅𝗮𝗺𝗽𝗹𝗲: A person applies for nationality following the law that exists
Later, the government changes the rules. The government tries to apply new, stricter rules to old applications. This is unfair. The court said this is 𝐍𝐎𝐓 𝐚𝐥𝐥𝐨𝐰𝐞𝐝.
𝟔. 𝐍𝐨 𝐫𝐞𝐭𝐫𝐨𝐚𝐜𝐭𝐢𝐯𝐞 𝐥𝐚𝐰 𝐚𝐥𝐥𝐨𝐰𝐞𝐝
New strict rules cannot be applied to old or pending applications. New rules apply only to future cases if the law is accepted in future.
𝟕. 𝐍𝐚𝐭𝐢𝐨𝐧𝐚𝐥𝐢𝐭𝐲 𝐥𝐚𝐰𝐬 𝐦𝐮𝐬𝐭 𝐛𝐞 𝐭𝐫𝐚𝐧𝐬𝐩𝐚𝐫𝐞𝐧𝐭 𝐚𝐧𝐝 𝐩𝐫𝐞𝐝𝐢𝐜𝐭𝐚𝐛𝐥𝐞
People must clearly know what the law requires before they apply.
Unclear or changing rules are not allowed in nationality matters. The court stated that nationality affects life, identity, and integration, and that rules must be precise.
𝟖. 𝐏𝐮𝐧𝐢𝐬𝐡𝐦𝐞𝐧𝐭 𝐦𝐮𝐬𝐭 𝐛𝐞 𝐩𝐫𝐨𝐩𝐨𝐫𝐭𝐢𝐨𝐧𝐚𝐭𝐞
The government’s goal may be valid. But the method cannot be too strict or extreme. Refusing or revoking nationality based on minor or past issues is unfair. The court held that punishment must be reasonable and proportionate.
More details https://www.tribunalconstitucional.pt/…/20251133.html
