Constitutional Court Declares Several Provisions of the Nationality Law Unconstitutional

The Constitutional Court (CC) has ruled on the amendments to the Nationality Law, approved by Parliament, declaring four core provisions and the proposal to introduce loss of nationality as an accessory penalty unconstitutional. The decision, largely unanimous, represents a significant setback for the tightening of rules governing access to and maintenance of Portuguese citizenship.

1. Impediment due to Criminal Conviction: The provision that automatically blocked access to Portuguese citizenship for anyone sentenced to a prison term of two or more years was struck down. The Court considered this measure to be disproportionate.

2. Revocation of Nationality for Fraud: The rule that allowed for the revocation of nationality from those who had obtained it fraudulently (e.g., with false documents) was declared unconstitutional. The reason was the lack of clarity in the provision, which did not properly distinguish between different situations.

3. Application to Pending Cases: The Court struck down the provision that applied the new, stricter rules to nationality applications that were already being processed. This was seen as a violation of the trust of individuals who had started the process under the old law.

4. Cancellation for Rejection of the Community: The provision that allowed for the cancellation of nationality for those who displayed behaviors of rejection towards Portugal (its institutions or symbols) was rejected. The Court found the rule to be too vague and that it failed to define what such behaviors would be.

Furthermore, the Court also deemed unconstitutional the proposal to include the loss of nationality as an accessory penalty in the Penal Code, as it violates the principle of equality.

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