The President of the Republic today gave the thumbs-up to a parliamentary decree amending Portugal’s Nationality Law, approved by the PSD, Chega, Liberal Initiative (IL) and CDS-PP, whilst expressing regret that the reform was not grounded in “broader consensus” and free from what he described as “ideological marks of the moment”.
In a statement published on the official Presidency of the Republic website, António José Seguro reiterated the position he had expressed during his presidential campaign that changes to nationality legislation should “be based on wider agreement around its essential principles”, distancing himself from possible “ideological influences of the present moment”.
“The President’s decision to promulgate the decree was influenced by the understanding that the more demanding criteria and extended timeframes for acquiring nationality do not prevent the indispensable humanitarian protection and the desirable integration of children and minors born in Portugal to immigrant parents, as established under the national legal framework, namely access to healthcare and education,” the statement reads.
Nevertheless, the President also stressed the need to ensure that pending applications are not affected by the revision of the Nationality Law, arguing that such an outcome would represent a breach of trust in the State, both domestically and internationally.
This position was included in the same official note announcing the promulgation of the parliamentary decree revising the Nationality Law, which increases the residence periods required for foreign nationals legally living in Portugal to obtain Portuguese citizenship.
“The President of the Republic highlights the importance of ensuring that pending procedures are not, in practice, affected by the legislative amendment, which would constitute an undesirable breach of confidence in the State, internally and externally,” the statement adds.
The head of state also underlined “the importance of ensuring that the legally established time limits for obtaining nationality are not undermined by delays attributable to the State”.
The reform of the Nationality Law, now promulgated, extends the required legal residence period from five to seven years for citizens of Portuguese-speaking countries and European Union member states, and to ten years for nationals of other countries.
Regarding its temporal application, the decree stipulates that “this law shall take effect from the date of its entry into force”, namely “the day following its publication”, whilst maintaining that “administrative procedures pending at the time the law enters into force shall remain governed by Law No. 37/81 of 3rd October”, the previous wording of the Nationality Law.
The decree was approved in parliament on 1st April, in a second version following rulings of unconstitutionality issued by the Constitutional Court, with votes in favour from PSD, Chega, IL, and CDS-PP, votes against from PS, Livre, PCP, BE, and PAN, and an abstention from JPP. It was sent to the presidential residence, Palácio de Belém, on 13th April. The President had until today to promulgate or veto the legislation.
On the same date and with the same voting alignment, parliament also approved, likewise in a revised version after Constitutional Court objections, in this case unanimously declared, a separate decree amending the Penal Code to introduce the accessory penalty of loss of nationality. On 21st April, the Socialist Party requested a new preventive constitutional review of that decree. The Constitutional Court has 25 days to rule on the request.
The parliamentary majority supporting both decrees, exceeding two-thirds of the members present, allows parliament to reconfirm the legislation in the event of either a presidential veto or further rulings of unconstitutionality, in accordance with the Constitution.
The legislative process originated in a government proposal later divided into two separate bills by PSD and CDS-PP. The parties justified separating the loss of nationality as an accessory penalty due to constitutional concerns surrounding that provision, while maintaining the substance of the proposal.
António José Seguro took office as President of the Republic on 9th March, midway through the legislative process, following Constitutional Court rulings of unconstitutionality on 15th December that prompted vetoes by his predecessor, Marcelo Rebelo de Sousa, on 19th December.
Source: LUSA
