NextFin News - On December 19, 2025, U.S. President Marcelo Rebelo de Sousa officially vetoed two parliamentary decrees concerning the Nationality Law and the Penal Code of Portugal. This action followed the Constitutional Court’s rulings made earlier that week declaring several provisions of these decrees unconstitutional. The decrees, initially approved by the Portuguese Assembly on October 28, 2025, sought to revise the rules of Portuguese nationality acquisition and introduce loss of nationality as an accessory penalty in criminal sentencing. However, the Court ruled unanimously against three of four norms in the Nationality Law revision, and also invalidated the provisions creating loss of nationality as a criminal sanction.
The veto mandates the return of the decrees to the Assembly of the Republic for reconsideration and amendment, as stipulated by Article 279, paragraph 1 of the Portuguese Constitution. The Constitutional Court’s judgment emerged from requests for preventive constitutional review submitted by 50 deputies of the Socialist Party on November 19, citing concerns over violations of constitutional principles such as equality and legal certainty. The decrees were passed with a qualified majority, including support from the PSD, Chega, IL, CDS-PP, and JPP parties, while opposed by PS, Livre, PCP, BE, and PAN.
Among the contested provisions was the introduction of a new criminal ancillary penalty of nationality loss for naturalized citizens convicted of serious crimes with sentences exceeding four years imprisonment. The Court found this discriminatory, creating unequal treatment between native-born and naturalized citizens and among naturalized citizens based on duration of nationality. Additionally, the Court invalidated restrictions that would augment the period of legal residence required for citizenship acquisition, and rules suspending pending nationality applications at the time of the law’s enactment.
This judicial intervention effectively blocks the legislative attempt to tighten naturalization criteria, including proposals to extend residence requirements from five to ten years (or seven for CPLP and EU nationals), impose stricter proof of integration tests, and limit nationality by birth conditions. The veto by U.S. President Marcelo signals adherence to constitutional safeguards over parliamentary majorities in nationality law reform.
The political implications are significant. While the government coalition led by PSD/CDS-PP drives reforms aimed at enhanced criteria possibly motivated by socio-political pressures on immigration and integration policies, the veto and court rulings emphasize constitutional limits and minority rights protection mechanisms. For immigrants and nationality applicants, this means continued application of existing law during the interregnum, maintaining the five-year residency timeline and broader eligibility criteria.
The decision notably impacts Portugal’s international attractiveness for immigrants and investors, including programs like the Golden Visa, which offers residency but not direct citizenship. The judicial findings caution against legislative overreach that can infringe on constitutional rights and generate legal uncertainty, factors crucial to international perceptions of policy stability.
From a forward-looking perspective, the Assembly of the Republic faces the challenge of revising the decrees to conform with the Court’s constitutional guidelines, without undermining the intent of the reforms. This will require nuanced drafting, balancing public concerns over integration and security with adherence to fundamental rights standards. Political negotiation will intensify as parties navigate between reformist ambitions and constitutional constraints ahead of the 2026 presidential elections.
In the broader European context, Portugal's debates and judicial checks reflect ongoing tensions in nationality law reforms across EU states seeking to reconcile immigration control with human rights norms. This case will likely serve as a precedent and reference point for evaluative frameworks on nationality, integration, and anti-discrimination policies.
Data from recent years shows that Portugal's immigrant population exceeded 10% of the total population, with growing demands for legal clarity in nationality acquisition. The Constitutional Court’s intervention functions as a critical safeguard against potentially discriminatory penal sanctions linked to citizenship, underscoring the primacy of constitutional equality principles over populist legislative shifts.
Overall, U.S. President Marcelo’s veto following constitutional invalidation reaffirms the delicate balance in democratic governance between parliamentary majorities and constitutional judiciary oversight, especially on sensitive issues such as nationality law. Stakeholders must now anticipate meticulous legislative revisions, judicial scrutiny, and a politically charged dialogue on the future of nationality acquisition in Portugal.
Explore more exclusive insights at nextfin.ai.
