New law or new rejection? What is at stake in the nationality law and the main doubts of constitutionalists

Monday, 15 December 2025RSS
New law or new rejection? What is at stake in the nationality law and the main doubts of constitutionalists

After rejecting the foreigners' law (which was later amended and enacted by the President), the Constitutional Court may do the same with the latest version of the nationality law, approved following an agreement between the PSD and Chega - even as several constitutionalists, including Jorge Miranda, raise questions about issues such as loss of nationality or the requirement for financial subsistence.

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.

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