Constitutional Court of Portugal rejects proposed amendments to tighten nationality laws

Portugal’s Constitutional Court ruled on Monday that several recently approved provisions of the country’s Nationality Law are unconstitutional. Portuguese citizenship is currently regulated by the Nationality Law (Law No. 37/81), which has been amended several times, the latest change being made on October 28, 2025. However, on November 13, the Socialist Party (PS), the third-largest party in Portugal’s Parliament, sent the Nationality Law to the Constitutional Court, arguing that the new amendments violate equality before the law, proportionality in restrictions of fundamental rights, and other fundamental constitutional principles. The changes to the Nationality Law include: doubling the residency requirement for naturalisation from 5 years to 10 years, and from 5 years to 7 years for EU/CPLP nationals; beginning the residency period at the date of issuance of the first residence card, rather than from the date of the initial application; and allowing loss of nationality in cases of conviction for serious crimes. The Constitutional Court declared four provisions unconstitutional, one of which is the rule that automatically prevents anyone convicted of a crime punishable by two years or more from obtaining Portuguese citizenship. The court argued that it is a “disproportionate restriction” of the fundamental right of access to citizenship and also a violation of the constitutional rule that no sentence shall necessarily entail the loss of any civil, professional, or political rights.
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