The new Portuguese Nationality Law, which will be voted on in September, could violate the Constitution. This is the warning from a jurist. Jorge Miranda, full professor and one of the country's leading constitutionalists, called the “father of the Portuguese Magna Carta”.
In the opinion, also signed by the lawyer Rui Tavares Lanceiro, experts say the changes proposed by the government create restrictions that could exclude descendants of Portuguese citizens. "Nationality is an essential link to the community. Any restrictions must respect the Constitution," said Miranda.
Among the points criticized is the retroactive application of the new rules, effective June 19, the date on which the Government's program was approved in Parliament. The Government justifies the measure by alleging a "massive movement of submissions of applications for nationality acquisition by naturalization".
For legal experts, however, retroactivity “flatly violates the prohibition of retroactive application” of laws that restrict rights.
Another point of contention is the increase in the minimum period of residence required to apply for citizenship: from five to seven or ten years, depending on the immigrant's origin. Furthermore, the new text provides that the period will now count only from the date of residence authorization, rather than from the date of the application for legalization.
According to the opinion, this violates the principles of legal certainty, equality, and human dignity. "It creates a situation of uncertainty regarding the start date of the deadline, which ceases to be in the hands of the citizen and passes entirely to the administration," they emphasized.
Legal experts also criticize the restriction on the right to file urgent legal action against the Agency for Integration, Migration and Asylum (AIMA) in family reunification cases. They consider the restriction "excessive and in violation of the principle of proportionality."
Finally, the opinion questions the possibility of withdrawing citizenship from naturalized citizens, creating a difference between Portuguese nationals of origin and naturalized citizens, which, according to the authors, violates the principles of equality and universality.
The document will be delivered to the parliamentary groups and the President of the Republic.
Israelis are the majority among new citizens
Of the 41.393 people who received passport Portuguese in 2023, 16.377 were Israeli. Of all the "new Portuguese," 40% are descendants of Sephardic Jews, according to the National Institute of Statistics (INE).
Of the total number of naturalized foreigners, 24.408 do not live in the country. In other words, 60% of foreign citizens who acquired Portuguese nationality live outside Portugal.
The proposal debated last Friday in Parliament also calls for the revocation of naturalization for descendants of Sephardic Jews. The measure was approved in 2013 during the Pedro Passos Coelho administration.
After Israelis, Brazilians rank second on the list, with 23,5% of cases in 2023. Cape Verdeans (4,3%) and Ukrainians (3,5%) follow. Also granted Portuguese citizenship were 2795 citizens from Nepal, India, Bangladesh, and Pakistan. This new South Asian community represents 7% of the total.
Without a new law, current rules remain in effect
“Without Parliament’s approval for the changes, the current rules continue to apply,” he says. Bruno Gutman, director of the Braga Bar Association. "The government's proposal states that, once approved by the National Assembly, it will be retroactive to June 20th. However, this retroactivity is unconstitutional. The law must be in effect from the moment it is published. If the government insists on this point, it will encourage a flood of lawsuits," he concludes.
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