(LISBON) Portugal’s Constitutional Court on December 15, 2025 struck down four parts of a new Nationality Law passed by parliament in October, blocking the government’s planned overhaul of citizenship rules and sending the bill back for rewrites that could spill into 2026.
Judge Dora Lucas Neto read the decision at Ratton Palace in Lisbon after a preventive review requested in November by 50 lawmakers from the Socialist Party (PS). The court ruled unanimously against three provisions and by a majority against a fourth, saying the text breached core constitutional principles including equality before the law, proportionality, legal certainty and the protection of trust.
What the court blocked and why
The ruling freezes, for now, a set of measures that had worried migrants, employers and lawyers because they would have changed the way Portugal treats people already in the citizenship queue.
- One rejected provision would have suspended all nationality applications that were already in progress on the date the law was published. The court said this would have hit thousands of cases and “pull the rug from under people who had followed the rules in force when they applied.”
- Another provision would have made a criminal sentence of two years or more an automatic bar to Portuguese citizenship. The court found that blanket rule disproportionate, because it did not allow officials to weigh:
- the person’s links to Portugal,
- the type of offence, or
- the time elapsed since the conviction.
- Judges also struck down language allowing authorities to cancel nationality in fraud cases using vague criteria. The court said the law failed to clearly separate cases where fraud had been consolidated from cases where nationality could still be revoked, leaving applicants and citizens uncertain about when their status is secure.
- The most politically charged change struck down was a Penal Code amendment permitting loss of nationality as an accessory penalty for certain serious crimes and for conduct described as a “rejection of national values or symbols.” The court found this discriminatory because it:
- treated naturalised citizens differently from people who are Portuguese by birth, and
- drew a line between those who had held nationality for under or over 10 years.
“The wording approved by parliament failed to guarantee equal treatment,” said José João Abrantes, speaking as president of the Constitutional Court.
Under Portugal’s constitution, President Marcelo Rebelo de Sousa cannot promulgate provisions the court has found unconstitutional. Lawmakers must either amend or drop the invalid parts before the package can move forward.
What remained intact
Not everything in the Nationality Law was blocked. The court left intact the headline change that extends the required period of legal residence for naturalisation from 5 years to 10 years for nationals from outside the European Union and outside the Community of Portuguese Language Countries (CPLP).
- Supporters say the 10‑year rule gives the state more time to check links to Portugal and promote integration.
- Critics say it risks keeping long‑term residents in limbo for far longer.
Even where the court upheld provisions, uncertainty remains about implementation. Portuguese media reports have differed on how the new 10‑year clock would be counted:
- Some reports suggest it could start from the issuance of a residence permit.
- Others say it could start from the date a person applies for a permit.
The full written verdict — still pending at the time of the ruling — is expected to clarify transitional rules and the government’s duty to protect the expectations of people already in the system.
Impact on applicants and backlog
The question of transitional protections matters for a large backlog at the Agency for Integration, Migration and Asylum (AIMA).
- Source material indicates more than 20,000 investors were still waiting for AIMA appointments stretching into 2026.
- Lawyers warn that pausing pending files can affect:
- children aging out of eligibility,
- workers who need proof of status for jobs and travel,
- families planning schooling and careers.
Immigration specialists noted the court’s intervention highlights a basic point: when a state changes citizenship rules, it must clearly explain who is affected and why.
According to analysis by VisaVerge.com, the suspended‑applications clause, if it had taken effect, would likely have triggered a wave of litigation from applicants arguing their files should be assessed under the rules in force when they applied.
Political context and parliamentary vote
Parliament approved the reforms on October 28, 2025 by 157 votes in favour and 64 against.
- Parties supporting the reform: PSD, Chega, IL, CDS‑PP and JPP
- Parties opposing the reform: PS, Livre, PCP, BE and PAN
The vote exceeded the two‑thirds threshold, which would allow parliament—after revisions—to pass a final text with a strong margin. The court’s findings now shift the political fight toward rewriting the blocked clauses without breaking constitutional limits.
Immediate practical effect and next steps
- For migrants, the immediate practical effect is that the current, pre‑reform rules stay in place while lawmakers rework the bill.
- People seeking official guidance on nationality applications can consult the justice ministry’s service page: Pedir a nacionalidade portuguesa.
The decision also sends a message to lawmakers who want tougher penalties for crime linked to citizenship status: the constitution requires case‑by‑case assessment, not an automatic bar based solely on a fixed sentence length.
There is no deadline for parliament to fix the unconstitutional language. Recesses and elections could push the process into 2026, meaning applicants and families face more waiting until a revised text is approved and promulgated.
The court’s message on December 15, 2025: reforms must be clear enough for people to rely on them.
On December 15, 2025, Portugal’s Constitutional Court struck down four provisions of the Nationality Law, citing breaches of equality, proportionality and legal certainty. The court blocked clauses that would suspend pending applications, impose automatic bans for two‑year criminal sentences, allow vague fraud cancellations, and permit loss of nationality for rejecting national symbols. It left intact the extension of residency from five to ten years for many non‑EU applicants. Lawmakers must rewrite the invalid parts while existing rules stay effective, leaving applicants facing continued uncertainty and backlog pressures.
