15 Dec Constitutional Court ruling — impact on Golden Visa Portugal

Today the Constitutional Court, in a preventive review, declared several provisions of the parliamentary nationality package and of a related Penal Code amendment unconstitutional, blocking their entry into force. Below we summarise the key points that were struck down and the immediate effects.

Nationality provisions struck down

1. Automatic bar to nationality after a custodial sentence of two years or more — struck down (unanimous). The Court considered the automatic exclusion disproportionate and incompatible with the rights to identity and citizenship.
2. Exclusion of nationality consolidation for cases of “manifest fraud” without objective criteria — struck down (unanimous). The Court found the concept too vague and lacking clear, ascertainable standards.
3. Applying new legal requirements to nationality applications already pending — struck down (unanimous). The Court held that retroactive application of new rules violated legitimate expectations.
4. Power to cancel nationality for conduct described as “rejecting adherence to the national community” — struck down (majority). The Court found the wording insufficiently defined and therefore contrary to legal certainty.

Penal Code amendment struck down

Accessory penalty of loss of nationality limited to naturalised citizens and to crimes committed within ten years of acquisition — struck down (unanimous). The Court concluded that singling out citizens by mode of acquisition and imposing a ten-year window lacked sufficient justification and was inconsistent with equality, proportionality and the principle that penalties reflect personal culpability.

Immediate implications for residency by investment and Golden Visa Portugal

The Constitutional Court’s rulings take immediate effect and prevent the impugned measures from entering into force. As a result, the current Nationality Law and its procedures remain applicable for the time being. There is no immediate change to eligibility criteria, statutory timeframes or pending nationality applications as a direct consequence of today’s decision, but parliamentary and political initiatives may follow. Any practical impact on Residency by Investment or Golden Visa Portugal cases will depend on subsequent legislative steps and on the detailed reasoning set out in the full published judgment.

Applicants and sponsors should therefore treat the decision as stabilising the current legal framework in the short term, while remaining attentive to further developments that may affect naturalisation pathways, residence-to-citizenship timelines and any proposals that seek to change how nationality can be lost or challenged.

What to watch next

• Publication of the full Constitutional Court judgment (for the Court’s detailed reasoning and the precise legal boundaries it establishes).
• Parliamentary responses or revised legislative proposals that keep within the limits identified by the Court.
• Any changes in administrative practice or guidance affecting pending nationality applications.

The firm will continue to monitor developments and issue updates as appropriate. Stay tuned for our upcoming updates or click here to contact us for a personalised assessment.