๐๐จ๐ซ๐ญ๐ฎ๐ ๐ฎ๐๐ฌ๐ ๐๐๐ฐ ๐๐๐ญ๐ข๐จ๐ง๐๐ฅ๐ข๐ญ๐ฒ ๐๐๐ฐ – ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐๐ข๐ฌ๐ข๐จ๐ง (๐๐ฎ๐๐ ๐ฆ๐๐ง๐ญ ๐๐จ๐ฉ๐ฒ)
๐๐๐ญ๐: 16 December 2025
๐๐จ๐ฎ๐ซ๐ญ: Portuguese Constitutional Court
๐๐ก๐๐ญ ๐ญ๐ก๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐๐ข๐๐๐
The Court stopped the changes to the Nationality Law.
The law was declared unconstitutional (inapplicable).
๐๐ก๐ฒ ๐ญ๐ก๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐ฃ๐๐๐ญ๐๐ ๐ญ๐ก๐ข๐ฌ ๐๐๐ฐ
๐. ๐๐ฎ๐ญ๐จ๐ฆ๐๐ญ๐ข๐ ๐ฉ๐ฎ๐ง๐ข๐ฌ๐ก๐ฆ๐๐ง๐ญ ๐ข๐ฌ ๐ง๐จ๐ญ ๐๐ฅ๐ฅ๐จ๐ฐ๐๐.
Citizenship cannot be denied automatically merely because someone has a prior criminal conviction.
๐. ๐๐ฎ๐ฅ๐๐ฌ ๐ฐ๐๐ซ๐ ๐ฎ๐ง๐๐ฅ๐๐๐ซ, ๐๐ง๐ ๐๐จ๐ง๐๐ฎ๐ฌ๐ข๐ง๐
Words like “bad behaviour” or “rejecting national values” are too vague. The Palimamamt government did not clearly explain what “bad behaviour” means
๐. ๐๐ง๐ง๐จ๐๐๐ง๐ญ ๐ฉ๐๐จ๐ฉ๐ฅ๐ ๐๐๐ง๐ง๐จ๐ญ ๐๐ ๐ฉ๐ฎ๐ง๐ข๐ฌ๐ก๐๐
If fraud was committed by someone else, a good-faith applicant cannot lose their nationality. ๐๐
๐ฎ๐บ๐ฝ๐น๐ฒ: A child gets nationality through their parents
Later, the parent is found guilty of fraud. The child did nothing wrong
The new law tried to cancel the child’s nationality. The court said this is ๐๐๐ ๐๐ฅ๐ฅ๐จ๐ฐ๐๐.
๐. ๐๐จ๐ฏ๐๐ซ๐ง๐ฆ๐๐ง๐ญ ๐๐๐ฅ๐๐ฒ ๐๐๐ง๐ง๐จ๐ญ ๐ก๐๐ซ๐ฆ ๐๐ฉ๐ฉ๐ฅ๐ข๐๐๐ง๐ญ๐ฌ
Residence time cannot depend solely on the date the permit is issued (administrative delay). ๐๐
๐ฎ๐บ๐ฝ๐น๐ฒ: person applies for a residence permit on time. The government takes many months or years to issue the permit
Later, the government says: Your residence time starts only from the permit issue date” This is unfair. The court said this is ๐๐๐ ๐๐ฅ๐ฅ๐จ๐ฐ๐๐.
๐. ๐๐๐จ๐ฉ๐ฅ๐’๐ฌ ๐๐ฑ๐ฉ๐๐๐ญ๐๐ญ๐ข๐จ๐ง๐ฌ ๐ฆ๐ฎ๐ฌ๐ญ ๐๐ ๐ฉ๐ซ๐จ๐ญ๐๐๐ญ๐๐
Applicants who already applied under the old rules must be treated fairly. ๐๐
๐ฎ๐บ๐ฝ๐น๐ฒ: A person applies for nationality following the law that exists
Later, the government changes the rules. The government tries to apply new, stricter rules to old applications. This is unfair. The court said this is ๐๐๐ ๐๐ฅ๐ฅ๐จ๐ฐ๐๐.
๐. ๐๐จ ๐ซ๐๐ญ๐ซ๐จ๐๐๐ญ๐ข๐ฏ๐ ๐ฅ๐๐ฐ ๐๐ฅ๐ฅ๐จ๐ฐ๐๐
New strict rules cannot be applied to old or pending applications. New rules apply only to future cases if the law is accepted in future.
๐. ๐๐๐ญ๐ข๐จ๐ง๐๐ฅ๐ข๐ญ๐ฒ ๐ฅ๐๐ฐ๐ฌ ๐ฆ๐ฎ๐ฌ๐ญ ๐๐ ๐ญ๐ซ๐๐ง๐ฌ๐ฉ๐๐ซ๐๐ง๐ญ ๐๐ง๐ ๐ฉ๐ซ๐๐๐ข๐๐ญ๐๐๐ฅ๐
People must clearly know what the law requires before they apply.
Unclear or changing rules are not allowed in nationality matters. The court stated that nationality affects life, identity, and integration, and that rules must be precise.
๐. ๐๐ฎ๐ง๐ข๐ฌ๐ก๐ฆ๐๐ง๐ญ ๐ฆ๐ฎ๐ฌ๐ญ ๐๐ ๐ฉ๐ซ๐จ๐ฉ๐จ๐ซ๐ญ๐ข๐จ๐ง๐๐ญ๐
The government’s goal may be valid. But the method cannot be too strict or extreme. Refusing or revoking nationality based on minor or past issues is unfair. The court held that punishment must be reasonable and proportionate.
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