The path to Portuguese citizenship has recently been at the centre of a significant legal debate. Portugal’s Constitutional Court has declared several proposed amendments to the country’s Nationality Law unconstitutional, creating a crucial pause in legislative efforts to tighten immigration requirements. This ruling is a major development for anyone currently applying for or considering Portuguese citizenship.
The court’s decision directly challenges decrees that aimed to introduce stricter rules for gaining citizenship and harsher penalties for violations. This summary breaks down the key aspects of the court’s verdict and explains what it means for applicants moving forward.
What changes did the court reject?
In a verdict delivered on 15 December 2025, the Constitutional Court identified four specific proposals that violated the Portuguese Constitution. The court’s primary concerns were the protection of fundamental rights, legal certainty, and the principle of equality.
The four rejected norms were:
- Automatic exclusion for criminal convictions: the court struck down a proposal to deny citizenship to anyone with a prison sentence of two years or more. Judges argued that a criminal conviction alone does not prove a lack of integration into the Portuguese community. And so it was deemed the measure is a disproportionate restriction on the right to citizenship.
- Loss of nationality for document fraud: the court rejected a rule that would have allowed the state to revoke nationality obtained through fraudulent documents because of poor legal drafting. Officials found the language too ambiguous, making it difficult to interpret and apply fairly.
- Applying new rules to pending applications: in a major win for current applicants, the court blocked the government’s attempt to apply the new, stricter requirements retroactively to applications already in the system. This ruling upheld the ‘principle of protection of trust,’ which ensures that the laws in place at the time of application govern the case.
- Vague definitions of “loyalty”: the court also declared unconstitutional a proposal to cancel citizenship based on vague behaviours that “rejected adhesion to the national community.” The court found the language too imprecise, leaving individuals unable to know which actions could lead to losing their citizenship.
Furthermore, the court ruled against a separate decree that would have turned the loss of nationality into a criminal penalty. Judges saw this as a violation of the principle of equality, as it would create a two-tier system where naturalised citizens faced harsher consequences than native-born citizens for the same crimes.
What happens next?
The Constitutional Court’s decision does not revoke the legislation but sends it back to the Assembly of the Republic for revision. Parliament must now amend the law to address the constitutional issues raised by the court. While the governing coalition has the majority to push through new laws, it cannot simply override a ruling on constitutionality.
This means the debate over Portugal’s nationality laws continues, with a revised version in the coming months. For now, the existing, more favourable Nationality Law remains in effect.
Summary
The Portuguese Constitutional Court has provided temporary reassurance for applicants by upholding the principles of fairness and transparency. By blocking restrictive and poorly defined proposals, the court has affirmed the need for clear and proportional rules. So people may continue on the path to becoming a citizen.
This summary provides a brief overview of these important developments. For a more detailed analysis of the court’s decision and the specific norms that were challenged, read the full article on the RHJ Law website.
If you require personalised assistance with your Portuguese citizenship application or have questions about how this ruling may affect you, please contact the RHJ Group team for expert guidance.
