The Constitutional Court announced that considered illegal five provisions of the Citizenship Law reforms that were approved on last October 28. 

This new obstacle will lead to a revised draft to be submitted to Parliament in Q1 2026. 

One of most highlighted rejections by the Constitutional Court Changes is related to not allowing the access to nationality to people that have committed crimes that are subject to prison sentences over two years. The Court considered it disproportionate restriction to access to citizenship and violated the principle that punishments should not include the loss of civil rights.

A second rejection relates to the possibility of barring the access to nationality based on behaviours that reject the Portuguese community, its symbols and institutions. The Court concluded that without a definition of such behaviours would be impossible for people to know what behaviours that could cause them access to nationality problems.

A third provision deemed unconstitutional is the possibility of cancelling in cases of fraud, since there would be vaguely defined fraud language.

The Court also invalidated the possibility of assessing pending applications under the requirements applicable at the decision date than at the application date.

Finally, the Court also struck down, a separate provision in the Criminal Code decree that would have opened the possibility of removing the nationality to people that have committed serious crimes. 

The Portuguese President will veto the law, and the matter will return to Parliament. 

On January 18, Portugal will have Presidential elections and most likely will be needed a second round to determine the elected President to be held in February. 

A sensitive matter like the Citizenship package will involve the parties that support the Government and other parties like Chega (far right) and Socialist Party (centre-left) and eventually will be put in the hands of the newly elected President.

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