Following the Portuguese Government’s recent announcement of Portugal’s Nationality Law Reform, as outlined in our previous article, a wide range of legal scholars, political analysts, and civil society actors have voiced strong reservations about the constitutional soundness, policy direction, and broader implications of the reform package.
This article summarises the main lines of criticism that have emerged in response to the Government’s proposals.
Concerns Over Constitutionality
Legal experts have raised questions about the compatibility of several proposed measures with the Portuguese Constitution:
Revocation of Naturalised Citizenship for Criminal Convictions
The provision allowing nationality to be revoked, by judicial decision, for naturalised citizens within ten years of acquisition if convicted of serious crimes (punishable by five years or more of imprisonment) has been seen by some as potentially violating:
- Article 30(4) of the Constitution, which prohibits penalties involving automatic loss of civil rights,
- The principle of equality, since this sanction would apply only to naturalised citizens and not those born with Portuguese nationality.
While some constitutionalists argue that such revocation could lawfully function as an accessory judicial penalty under a “resolutive condition” model, others contend that the measure undermines the dignity and permanence of nationality status.
New Requirements for Jus Soli Acquisition of Nationality
The restriction that children born in Portugal to foreign parents will only acquire nationality if one parent has at least three years of legal residence and formally requests it, raises concerns about:
- Retroactively limiting acquired rights,
- Violating Article 18 of the Constitution, which safeguards fundamental rights and legal certainty.
Declaration of Loyalty to Democratic Values
Critics of the requirement for applicants to declare adherence to Portugal’s democratic order suggest this could be interpreted as an ideological filter, potentially infringing the constitutional guarantee of freedom of thought and expression (Article 37).
Political Context and Alignment with CHEGA Party
Several observers have noted the alignment between the Government’s proposals and draft legislation submitted by the far-right Chega party. Both seek to:
- Extend the residency requirement for nationality acquisition,
- Introduce ideological and cultural tests,
- Allow revocation of nationality based on criminal convictions.
While the Government has asserted that these ideas were first advanced during its electoral campaign, the convergence has nevertheless raised questions about the political direction of the reforms and the possible normalisation of more restrictive approaches to immigration and nationality.
Diplomatic and International Considerations
The reforms could affect nationals of CPLP countries, who would face longer waiting periods and more complex procedures to obtain Portuguese nationality. This has prompted concern that:*
- Other Lusophone countries might introduce reciprocal measures,
- The proposals may strain diplomatic relations within the CPLP community.
By contrast, countries like Spain are currently moving to facilitate access to citizenship, particularly for Latin American nationals, citing alleged positive demographic and economic impacts.
Broader Social and Economic Impact
The tightening of nationality and family reunification rules occurs against ongoing labour shortages and a dependency on foreign workers to support Portugal’s ageing population. Critics argue that:
- These measures may discourage long-term settlement and integration,
- They risk compromising social cohesion and economic recovery.
Madeira Corporate Services continues to monitor this legislative process and its potential implications for individuals and families seeking to acquire or maintain Portuguese nationality. We remain available to guide those who may be affected by the proposed Portugal’s Nationality Law Reform and will publish further updates as new developments arise.
The founding of Madeira Corporate Services dates back to 1996. MCS started as a corporate service provider in the Madeira International Business Center and rapidly became a leading management company… Read more
