The Constitutional Court of Portugal has ruled that the new Nationality LawThe decision, made this Monday, was unanimous among the judges in three of the four regulations analyzed. The request for preventive oversight came from 50 members of parliament from the Socialist Party.
Judge Dora Lucas Neto announced the decision at the Ratton Palace in Lisbon. The president of the Court, José João Abrantes, stated that the new wording of the law does not guarantee the principle of equality. Therefore, The text will have to go back to Parliament for adjustments.
Standards rejected unanimously.
Among the points deemed unconstitutional is the rule that mandated the suspension of all nationality applications in progress on the date the new law was published. According to the judges, the measure would affect thousands of cases.
Another rejected rule was the one that prevented the granting of nationality to citizens sentenced to prison terms of two years or more. The judges understood that this rule imposes a disproportionate restriction on access to citizenship.
The rule concerning cases of fraud in obtaining nationality was also deemed unconstitutional. According to the ruling, the text did not establish clear criteria to differentiate between consolidated situations of fraud and cases in which nationality could be annulled.
Loss of nationality as an accessory penalty.
By majority vote, but without unanimity, the Court ruled unconstitutional the rule that provided for the cancellation of nationality for behaviors that reject national values and symbols. According to the judges, the lack of an objective definition of these behaviors violates legal certainty.
The most sensitive point, however, was the provision for loss of nationality as an accessory penalty. This measure, which would amend the Penal Code, was deemed discriminatory. The judges stated that it creates distinctions between native-born and naturalized Portuguese citizens, and treats those who have held nationality for more or less than 10 years unequally.
The decision now rests with the President.
The Constitutional Court issued two rulings on the matter, both based on requests submitted in November. The next step will be the analysis by the President of the Republic, Marcelo Rebelo de Sousa, who historically follows the Court's guidelines.
The proposed new Nationality Law and amendment to the Penal Code were approved in Parliament on October 28th. They received 157 votes in favor, from PSD, Chega, IL, CDS-PP and JPP. PS, Livre, PCP, BE and PAN voted against, totaling 64 votes.
Since the approval was by a qualified majority, exceeding two-thirds of the deputies, the proposal can be resubmitted and confirmed by Parliament, even after the declaration of unconstitutionality. Even so, the Government will have to reformulate the rejected sections to ensure compliance with the Constitution.
