In recent months, Portugal has witnessed a legislative attempt to recalibrate the balance between integration, security, and citizenship. Two landmark plenary decisions of the Constitutional Court (Ruling no. 1134/2025 and Ruling no. 1133/2025) have decisively reaffirmed the constitutional framework governing Portuguese nationality.
The message is unambiguous. Portuguese citizenship is a reinforced constitutional status, protected as a fundamental right, freedom, and guarantee. It cannot be weakened through punitive shortcuts, rigid automatisms, or indeterminate legal concepts that invite arbitrariness.For long-term residents and naturalised citizens, these rulings provide important legal certainty.
1. Loss of Portuguese Nationality as a Criminal Penalty: Why the Court Rejected It
The legislature proposed introducing an ancillary criminal penalty consisting of loss of Portuguese nationality, applicable only to dual nationals, during the ten years following naturalisation.The Constitutional Court rejected this approach in Ruling no. 1134/2025, identifying several constitutional violations:
- Unequal treatment among Portuguese citizens, based solely on the method of nationality acquisition, contrary to the constitutional principle of equality.Conceptual confusion between ordinary criminal offences and crimes involving breaches of loyalty to the State, such as terrorism.
- The creation of a “probationary citizenship” period, incompatible with the Constitution.
- A fixed and automatic sanction, detached from individual culpability and proportionality.
The Court made clear that there is no such thing as conditional citizenship under the Portuguese Constitution. Any deprivation of nationality, if ever admissible, would require exceptional circumstances, a direct link to disloyal conduct, and a narrowly tailored, proportionate legal framework.
2. Naturalisation and the Myth of the “Sentencing Threshold”
Another legislative amendment sought to bar access to naturalisation for individuals sentenced to prison terms of two years or more, including suspended sentences and negligent offences.
In Ruling no. 1133/2025, the Constitutional Court reiterated settled jurisprudence: criminal penalties do not automatically restrict civil rights. Article 30(4) of the Constitution expressly prohibits such effects.
Any restriction on access to Portuguese nationality must satisfy strict proportionality requirements, including an individualised assessment of:
- The applicant’s degree of social integration,
- Their life trajectory in Portugal,
- The concrete circumstances of the offence.
Blanket exclusions based on sentencing thresholds were therefore deemed unconstitutional.
3. Opposition Based on Vague “Behavioural” Grounds: Legal Uncertainty Rejected
The legislature also attempted to introduce opposition to nationality based on a supposed “conclusive and ostensible rejection” of Portuguese institutions, symbols, or community values.
The Constitutional Court firmly rejected this approach in Ruling no. 1133/2025. Matters of acquisition and loss of nationality fall under absolute legislative reservation and must comply with strict standards of legal determinability.
Vague clauses of this nature:
- Lack objective legal content,
- Risk infringing freedoms of expression and association,
- Cannot be remedied or clarified through regulatory instruments.
As a result, the provision was declared unconstitutional.
4. Consolidation of Nationality: Good Faith Cannot Be Penalised
Under Portuguese law, nationality consolidates after a defined period. The legislature attempted to deny consolidation where third-party fraud had occurred upstream, even if the citizen had acted in good faith.
The Constitutional Court rejected this logic in Ruling no. 1133/2025, reaffirming a fundamental constitutional principle: sanctions are personal. The Constitution does not permit indirect or “reflex” punishment based on the conduct of others.
Good-faith acquisition of nationality is constitutionally protected.
5. Residence Periods and Transitional Rules: Legitimate Expectations Matter
Finally, the Court addressed changes to the rules governing the counting of lawful residence periods, including the removal of time accrued while residence applications were pending.
In Ruling no. 1133/2025, the Court held that immediate application of such changes, without transitional safeguards, violates:
- The principle of protection of legitimate expectations,
- The principle of equality, particularly in a system marked by administrative delays.
- Legislative innovation cannot be retroactively imposed by reclassifying substantive changes as “interpretative rules”
Conclusion: What Remains After the Court’s Intervention
Taken together, these rulings reaffirm several core constitutional certainties:
- Portuguese citizenship is a robust constitutional status, not an extension of criminal punishment.Naturalisation decisions require individualised, proportionate assessment, not automatic exclusions.
- Legal clarity and typicity are non-negotiable in nationality matters.
- Good faith protects citizens from loss due to third-party misconduct.
- Structural legal reforms require adequate transitional regimes.In practical terms, the Constitutional Court has drawn clear red lines and returned the legislative initiative to the drawing board. It has also provided a roadmap for any future reform seeking to reconcile security, integration, and constitutional legality.
Advisory Note
For long-term residents and naturalised citizens in Portugal, these rulings significantly reinforce legal certainty. Nevertheless, nationality matters remain highly fact-sensitive and legally complex and subjec to upcoming changes in legislation. Professional assessment is essential whenever legislative changes intersect with individual residence or citizenship planning.
Should you wish to analyse how these decisions interact with your specific circumstances, tailored legal and tax advice remains advisable.
This article is provided for general informational purposes only on the matter of the proposes Loss of Portuguese Nationality and does not constitute legal, tax, or immigration advice. The information contained herein is based on publicly available sources, including Constitutional Court rulings no. 1133/2025 and no. 1134/2025, as well as legislation and jurisprudence in force at the date of publication.
The content is intended to offer a high-level overview of legal principles and constitutional interpretations and should not be relied upon as a substitute for professional advice tailored to specific facts or circumstances. The application of Portuguese nationality, immigration, and residence rules depends on individual circumstances and may vary over time due to legislative amendments, administrative practice, or subsequent court decisions.
No liability is accepted for any action taken or not taken based on the information provided in this article. Readers are strongly advised to seek independent professional advice before making any decisions related to nationality, residence, or compliance with Portuguese law.
This publication does not create a lawyer-client, advisor-client, or fiduciary relationship.
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