Portugal's Nationality Law reforms spark political clash over judicial oversight

Parliament debated the reassessment of decrees aimed at amending the Nationality Law and the Penal Code after several provisions were struck down by the Constitutional Court. The changes are now guaranteed approval following an agreement between the center-right PSD and the far-right Chega party.

Pedro Delgado Alves, deputy leader of the Socialist Party (PS) parliamentary group, criticized the lack of acknowledgment from other parties that they had failed when initially approving the law. He argued that the current reassessment still leaves "a structural problem regarding the loss of nationality" unresolved.

"It seems they either didn't read certain passages of the [Constitutional Court's] ruling or chose to ignore them. The problem remains, and the solution they propose does not address the core issues identified," he warned.

Delgado Alves highlighted "failures in consultation, in weighing various interests, and politically objectionable changes that genuinely disrupt balance and create unnecessary hardships for people."

"The government had the option to approve a less radical nationality law with the necessary consensus to protect individuals. Instead, they chose to pass it with the far-right party, whose vision, narrative, and language are profoundly at odds with democratic values," he condemned.

PS to Assess Whether to Request Constitutional Review

The Socialist Party will evaluate whether to ask the Constitutional Court to review the Penal Code amendments that introduce the loss of nationality as an additional penalty. This decision will be made independently of any action taken by the President of the Republic.

When asked if the PS was considering another request for judicial review of these decrees, Delgado Alves stated that the party would assess the matter—but only regarding the decree on the additional penalty of nationality loss, as the "unconstitutional aspects of the Nationality Law have already been resolved."

"The votes took a long time, with multiple proposals withdrawn and last-minute changes introduced as a result of negotiations between Chega, PSD, and CDS. Therefore, we will need to evaluate the law, but we are not ruling out this possibility," he explained.

Questioned on whether the PS would wait for President Marcelo Rebelo de Sousa's decision on these decrees, Delgado Alves clarified that "these are two separate issues" and that "the deadlines run concurrently for both"—meaning "once the decree is published, there are eight days for each."

"Regardless of what the President decides, we will obviously have to analyze the final version of the decree. Once we do, we will make a decision. If the President refers it to the Court first, our request would become redundant. But, as we did last December, we will examine the law, and if we conclude that review is justified, we will proceed accordingly," he said.

The Socialist lawmaker stressed that "no decision has been made yet" and that the process is autonomous, as the "President has his own powers" and will exercise them "as he sees fit."

"We will do the same with ours. In this case, we have the option to act, and we will assess it. These are two distinct matters, so I am neither substituting the President's judgment nor anticipating an evaluation we have yet to complete—and which we will carry out in the coming days," he reiterated.