Constitutional Court Rejects Key Provisions of Nationality Law, Reinforcing Legal Certainty and Proportionality

Lisbon, Portugal, 2025-12-17 — /EPR Network/ — Portugal’s Constitutional Court has declared several provisions of the proposed revision to the Nationality Law unconstitutional, in a decision announced on Monday (15) that reasserts the principles of legal certainty, proportionality and equality before the law. 

The Court struck down four substantive norms of the diploma, alongside related amendments to the Penal Code. Judges concluded that the measures breached constitutional safeguards by introducing disproportionate sanctions, legally indeterminate concepts and criteria capable of frustrating legitimate expectations. 

Among the provisions rejected was the rule that imposed an automatic restriction on access to Portuguese nationality for individuals convicted of crimes carrying prison sentences of more than two years. The Court held that this mechanism amounted to an excessive limitation of civil and political rights, inconsistent with established constitutional jurisprudence. 

Of particular relevance is the ruling on the provision that made nationality eligibility dependent on the date of residence authorisation rather than the date of application. The Court found that this approach violated the principle of protection of legitimate expectations, recognising that applicants who had submitted their requests in good faith could not later be disadvantaged by administrative delays beyond their control. 

The decision was welcomed by the Harland & Poston Group, a specialist advisory group in Portuguese residency and investment migration. David Poston, Chief Executive Officer of the Group, described the ruling as a necessary correction. 

“This is a measured and fair decision,” said Poston. “Basing nationality outcomes on the date of authorisation rather than the date of application undermines confidence in the system. Applicants act according to the law in force when they apply, and the state has a responsibility to respect those expectations. The Court has rightly reaffirmed that principle.” 

David Poston added that the ruling provides clarity not only for individuals and families, but also for the broader residency and investment ecosystem. 

“Legal predictability is essential for anyone making long-term decisions, whether related to relocation, investment or business creation. We now expect the Government to revisit this provision and align the legislation with the Constitutional Court’s guidance, ensuring coherence and fairness going forward.” 

Following the Court’s decision, the matter now returns to the President of the Republic, Marcelo Rebelo de Sousa, who has previously stated that he would await the Constitutional Court’s position before deciding whether to promulgate or veto the law. Industry observers view the ruling as a stabilising signal at a time when legal clarity remains critical for applicants and advisers alike. 

Media Enquiries 
Fábio Jardelino
Public Relations Manager, Harland & Poston Group
Tel: +351 913 766 590
Email: fabio.jardelino@harlandposton.com 

Notes to Editors 

The Harland & Poston Group is a Portugal-based investment and advisory group operating across several European markets. The Group owns Portugal Homes and Investment Visa, two specialist firms focused on Portuguese residency and citizenship pathways. Through these platforms, Harland & Poston advises international clients on residency solutions, including the Portuguese Golden Visa and the D2 Entrepreneur Visa, combining legal insight with on-the-ground expertise.