The Constitutional Court declared several provisions of Decree of the Assembly of the Republic No. 17/XVII, which introduced amendments to the Nationality Act, to be unconstitutional, on the grounds that they violated constitutional principles, including the principle of legitimate expectations. In particular, the Court held unconstitutional the provisions relating to criminal requirements, indeterminate grounds for opposing the acquisition of nationality, reversal of nationality on the basis of fraud, and the regime applicable to pending applications. The Court also ruled against the repeal of the rule under which the period of residence is calculated from the date of application for a temporary residence permit, considering that such repeal would frustrate legitimate expectations. Following this decision, the President of the Republic vetoed the Decree, which will now return to the Assembly of the Republic for further consideration, and the current wording of the Nationality Act remains in force.
On December 15, 2025, the Constitutional Court (Court) published its ruling on the constitutionality of certain provisions of Decree no. 17/XVII of the Assembly of the Republic, which approved amendments to the Nationality Law (Law).
In its ruling, the Court declared four provisions to be unconstitutional:
- The provision that makes the granting of Portuguese nationality contingent upon the absence of a final conviction, with a prison sentence of two years or more, for a crime punishable under Portuguese law;
- The provision that establishes as grounds for opposition to the acquisition of nationality the demonstration of behavior that rejects adherence to the national community;
- The rule that allows for the reversal of the acquisition of nationality if it has been obtained in a manifestly fraudulent manner;
- The rule according to which the approval of citizenship applications pending on the date of entry into force of the amendments to the Law depends on the fulfillment of the requirements in force on the date of submission of the application and not on the date of the decision on the application.
The Court also ruled on the repeal of the rule currently in force, which determines that the period of residence begins from the moment of application for a temporary residence permit (and not from its issuance), provided that it is granted. The Court therefore considered that the repeal of this rule would frustrate legitimate expectations and, as such, violate the principle of trust.
Following the Court’s decision, on December 19, 2025, the President of the Republic vetoed Decree no. 17/XVII of the Assembly of the Republic on the grounds of the unconstitutionality determined by the Court. The Decree now returns to the Assembly of the Republic, where it will be subject to further discussion and voting.
NOTES
With the veto of the President of the Republic, the current wording of the Nationality Law (Law no. 27/81, of October 3) remains in force, under which Portuguese nationality may be granted to legal residents in Portugal for at least five years.
The Court did not rule on the increase in the period of residence to seven years for citizens of CPLP or European Union countries, or 10 years in other cases.
