PS sends nationality revocation law approved by the right back to the Constitutional Court
The Socialist parliamentary group will once again request a review of the legislation on the loss of nationality, arguing that there are unconstitutional elements in the amendment to the Penal Code. Regarding the Nationality Law, however, it considers that the constitutional issues have already been resolved.
According to Público, the Socialist Party (PS) will once again submit the legislation concerning the loss of Portuguese nationality to the Constitutional Court for review. While maintaining a “clear divergence” regarding the Nationality Law, the party will only request constitutional scrutiny of the amendment to the Penal Code that provides for the loss of nationality.
In doing so, the party will not wait for an assessment by the President of the Republic, António José Seguro. The Socialist parliamentary group has decided to remain consistent and will again request a review of the legislation, on the grounds that the amendment to the Penal Code contains unconstitutional elements. At issue, for example, is the possibility that two individuals committing the same crime could receive different penalties, with only one losing their nationality.
As for the Nationality Law, the Socialist bench considers that the constitutional concerns have been addressed and, therefore, will not request further review of this legislation. Nevertheless, it maintains that the new Nationality Law—approved by the Social Democratic Party (PSD), Chega, Liberal Initiative, and CDS—is a flawed law that “applies incorrect criteria and does not improve community life.”
From a legislative process perspective, this position sends a relatively clear signal: the main legal controversies surrounding the Nationality Law are gradually converging, with the overall framework becoming more stable. Although the Socialist Party continues to express reservations, the fact that it is no longer pursuing a broad constitutional challenge suggests that the likelihood of the law being reversed again or significantly delayed is decreasing.
At the same time, with regard to key provisions—such as the potential adjustment of the residency period required to obtain nationality—it is now more likely that the process will move toward implementation and practical application, rather than returning to a fundamental structural debate.
From an investment and residency planning perspective, this development points to a reduction in political uncertainty, although the window for adjustment may gradually narrow. In a context where there is still room for discussion regarding implementation details (such as the effective date and scope of application), the current moment continues to hold time-sensitive value for applicants with clear plans.
Overall, Portugal’s residency policy is evolving from a phase of uncertainty toward a more stable framework. For market participants, the ability to make informed decisions before this uncertainty disappears will become an increasingly decisive factor.
Reference link: https://www.jornaldenegocios.pt/economia/politica/detalhe/ps-volta-a-enviar-perda-da-nacionalidade-aprovada-a-direita-para-o-constitucional
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