"PSD's concession to the far-right". PS sends loss of nationality bill to the Constitutional Court

Friday, 17 April 2026RSS
"PSD's concession to the far-right". PS sends loss of nationality bill to the Constitutional Court

The Socialist Party has decided to send the decree determining the loss of nationality for serious crimes to the Constitutional Court for preventive review, arguing that there is “manifest unconstitutionality” because it creates a different sanctioning framework for the same crime.

Context & Explainers

The Constitutional Court (Tribunal Constitucional) is Portugal's highest court for constitutional review. Its primary role is to assess whether laws, decrees, and government actions comply with the Portuguese Constitution, and it has the power to strike down or suspend unconstitutional measures.

The court consists of 13 judges — 10 appointed by the Assembly of the Republic and 3 co-opted by the other judges. It also oversees the legality of political parties and their finances, verifies election results, and rules on the constitutionality of referendums.

The Constitutional Court is frequently in the news when opposition parties, the President, or the Ombudsman refer controversial legislation for review — such as labor reforms, housing laws, or immigration policy changes. Its rulings are final and binding.

The Nationality Law (Lei da Nacionalidade) sets the rules for who can be a Portuguese citizen, covering birth, descent, naturalisation, marriage and long-term residence. Its approval alongside the 2026 State Budget means changes to those eligibility rules will be implemented as part of the government's 2026 policy package, which the prime minister said will affect the country's stability and competitiveness.

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