Recent reforms to Portugal’s citizenship law have raised deep constitutional and European concerns. The proposal introduces a new penalty for loss of nationality and revises several core rules on naturalisation and citizenship registration.
Because these changes affect identity, equality, and EU citizenship rights, the President of the Republic may request a preventive constitutional review. Doing so could avoid irreversible violations of fundamental principles and preserve public trust in the legal system.
1. A New Penalty with Far-Reaching Consequences
The reform adds a penalty of nationality loss for dual citizens convicted of serious crimes within ten years of naturalisation. It also includes a stricter re-acquisition regime for terrorism-related offences.
This penalty raises concerns because it applies only to citizens with dual nationality. Portuguese nationals by birth remain exempt from equivalent sanctions.
Such asymmetry creates a dual system of criminal consequences, challenging the principle of equality under Article 13 of the Constitution.
2. Equality and Non-Discrimination at Risk
The new provision treats naturalised citizens differently from those born Portuguese. In practice, two groups of citizens face unequal penalties for identical crimes. This differentiation introduces indirect discrimination based on national origin. It could erode civic unity by implying that some citizens are “less Portuguese” than others . In a democratic state, penalties cannot depend on how citizenship was obtained. Equality before the law is absolute.
3. Proportionality and Human Dignity
Stripping nationality is an extreme measure. It affects identity, belonging, and access to fundamental rights.
Without strict legal criteria and objective safeguards, the penalty risks becoming a punitive form of banishment. That outcome would breach human dignity and the constitutional principle of humane punishment. Every restriction on fundamental rights must meet proportionality standards. The current draft leaves these standards undefined.
4. The EU Citizenship Dimension
Losing Portuguese nationality also means losing EU citizenship. That includes rights to free movement, work, and family reunification across the European Union.
EU law requires an individual and proportionate assessment whenever a national measure affects an EU citizen’s status. The proposal lacks explicit safeguards for this evaluation.
Without them, the law could conflict with Article 20 of the Treaty on the Functioning of the European Union (TFEU) and the principles of proportionality and effectiveness.
5. An Overly Broad Catalogue of Crimes
The draft covers terrorism and crimes against national security, but also includes sexual, firearms, and drug offences.
Not all these crimes reflect a breach of constitutional loyalty. Expanding the list weakens the argument of necessity and proportionality.
By diluting focus, the measure risks being struck down as excessive during constitutional review.
6. Legal Uncertainty and Vague Naturalisation Rules
The new citizenship law in Portugal strengthens the conditions for naturalisation, including language, culture, respect for national symbols, and adherence to democratic principles.
However, these terms are undefined. Without objective criteria or transparent evaluation metrics, administrative discretion may become arbitrary.
This uncertainty conflicts with constitutional guarantees of equality, legal certainty, and the prohibition of arbitrary administration.
7. Data Protection and Biometric Information
The proposal authorises collecting facial images, fingerprints, and height, and allows their reuse for the national ID system.
These measures lack precise limits on purpose, retention, and data sharing. They also omit independent audits and data-subject rights.
Such omissions could breach both the Constitution and EU data-protection law, especially the principle of purpose limitation.
8. Transitional and Registration Rules
The reform grants constitutive effects to citizenship registration and introduces new temporal rules.
Without clear guidance, these provisions may affect pending cases and acquired rights. They could also create retroactive effects that undermine legitimate expectations and legal stability. In matters of nationality, coherence and predictability are constitutional imperatives.
9. Why Preventive Constitutional Review Makes Sense
The proposal touches the very core of Portuguese and European citizenship. Its impact is structural, not merely procedural.
Preventive review allows constitutional correction before harm occurs. It protects legal unity, prevents litigation, and upholds citizens’ trust in the rule of law.
The President’s referral to the Constitutional Court would thus be an act of prudence, not confrontation. It would safeguard both national and European values.
10. Possible Adjustments to Reduce Risk
Lawmakers could mitigate constitutional exposure by:
- Adding a European safeguard clause, which prohibits the loss of nationality when it causes disproportionate loss of EU citizenship rights.
- Defining a structured proportionality test for any penalty involving nationality.
- Limiting the list of crimes to those truly threatening constitutional loyalty.
- Creating measurable criteria for language, culture, and democratic adherence.
- Strengthening the legal basis and safeguards for biometric data collection.
- Clarifying transitional rules to protect pending rights and legitimate expectations.
Each of these adjustments would bring the text closer to constitutional compliance and European standards.
Key Takeaways
The current draft of the citizenship law in Portugal exposes the legal system to serious constitutional and EU challenges. Because nationality defines political membership, any reform must meet the highest legal standards.
Requesting a preventive review is not an obstruction; it is an institutional responsibility. Correcting weaknesses now avoids greater instability later.
In defining who belongs to the Portuguese community, the law must reflect the principles of equality, dignity, and European solidarity.
This article is for informational purposes on citizenship law in Portugal only and does not constitute legal advice. Readers should seek professional guidance on constitutional or EU law matters before taking action.
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