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The modifications to the Nationality Law received initial approval in Parliament in early January. Recent developments indicate that the Portuguese Constitutional Court has now, by a majority decision, confirmed that these proposed changes do not present any constitutional issues.

 

 

The President of the Republic sought a preventative assessment of their constitutionality from the Portuguese Constitutional Court. The President’s reservations were specifically centered around a particular article related to the acquisition of nationality through Sephardic descent.

Nevertheless, the Constitutional Court judges have determined that, fundamentally, the law does not jeopardize the legitimate expectations of nationality applicants, nor does it directly threaten human life or dignity. It is crucial to highlight that the law does not impose any constraints on rights, freedoms, or guarantees.

In light of this decision by the Portuguese Constitutional Court, it is anticipated that the President of the Republic will give approval to the law within the next 20 days. Subsequently, the law will be published in the Diário da República and will come into effect.

A noteworthy amendment in this law pertains to the calculation of the 5-year period required for nationality application. In contrast to previous practices, the approved changes stipulate that the 5 years will be reckoned from the submission of the residence application.

Consequently, the duration during which residence applications are pending will contribute to the overall 5-year requirement.

 

 

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