Two bills concerning Portugal’s new Nationality Law, approved by Parliament on 1st April, are now on the desk of President António José Seguro, awaiting veto or promulgation. The texts were formally sent by Parliament on Monday, 13th April, triggering two constitutional deadlines: eight days for any political party to request a constitutional review by the Constitutional Court, and 20 days for the President to reach a decision.
The Socialist Party (PS) is currently weighing whether to request scrutiny from the Constitutional Court, based at Palácio Ratton, regarding the bill addressing certain cases of the loss of nationality. On the day of the parliamentary vote, Socialist MP Pedro Delgado Alves signalled that such a move remained under consideration.
However, the party has ruled out seeking constitutional review of the second text, which introduces the most significant amendments to the law, including extending the required period of residence for acquiring nationality and ending the special regime for Sephardic Jews, amongst other changes. The decision by the Social Democratic Party (PSD) to split the legislation into separate diplomas was widely seen as a strategy designed to prevent the core reforms from being delayed in entering into force.
The legislation had previously been struck down after the PS parliamentary group requested a preventive constitutional review. The provisions deemed unconstitutional were subsequently revised and approved with the backing of right-wing parties in Parliament.
The bills also represent an early institutional test for the new President. They are the first pieces of legislation to be assessed by Seguro that had already been rejected by Constitutional Court judges, and that address a politically polarising issue.
Last week, minister António Leitão Amaro said the government would not seek to “condition the position of the President of the Republic” regarding the fate of the texts. Nevertheless, he argued that the bill is “constitutionally robust”, an assessment he said was broadly shared, including by those who ultimately voted against the law.
Source: LUSA
