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Portugal’s Constitutional Court Overturns Core Parts of Citizenship Bill

Judges ordered a return to Parliament for redrafting due to overreach that failed to guarantee equality.

Overview

  • The Tribunal Constitucional invalidated four provisions of the nationality overhaul, with three struck unanimously and one by majority.
  • The court blocked automatic denial of citizenship for criminal sentences of two years or more, citing constitutional violations.
  • Judges rejected an undefined 'manifest fraud' clause and a rule applying new standards to pending cases, underscoring legal certainty and trust protection.
  • The ruling also nixed canceling nationality for vague 'behaviours' rejecting the national community because citizens could not foresee what conduct would trigger loss.
  • The bill sought to tighten access by extending legal residence to 10 years for most applicants and seven for EU and CPLP nationals, prompting a PS challenge and marking the second court setback this year for the AD government.