Portugal's Constitutional Court declared four provisions of the country's Nationality Law unconstitutional on December 15, 2025, blocking October amendments that aimed to tighten access to Portuguese citizenship.

The Socialist Party (PS), Portugal's third-largest parliamentary party, referred the new rules to the Court on November 13, arguing that the changes violated equality before the law and proportionality in restricting fundamental rights.

What did the October 2025 amendments change?

Parliament amended the Nationality Law (Law No. 37/81) on October 28, 2025. The package aimed to lengthen the path to naturalisation and tighten eligibility criteria. Key changes included:

• Raising the general residency requirement for naturalisation from 5 to 10 years
• Raising the requirement for nationals of EU member states and the Community of Portuguese Language Countries (CPLP) from 5 to 7 years
• Restarting the residency clock at the date the first residence card is issued, rather than the date of the initial application
• Creating a new pathway for loss of nationality following conviction for serious crimes

The amendments also inserted an automatic bar on citizenship for any applicant convicted of a crime carrying a sentence of two years or more.

Why did the Socialist Party challenge the rules?

PS, the third-largest party in Portugal's Parliament, filed its constitutional challenge on November 13, 2025. The party argued that the new restrictions breached equality before the law and ran foul of constitutional proportionality standards applied to fundamental rights.

The Court agreed on at least four counts.

Which provisions did the Court strike down?

The Court ruled four of the new provisions unconstitutional. The most prominent target: an automatic disqualification for any applicant with a conviction punishable by two or more years in prison.

The Court described the rule as a "disproportionate restriction" of the fundamental right of access to citizenship. It added that the measure violated the Portuguese constitutional rule that no criminal sentence shall necessarily entail the loss of any civil, professional, or political rights.

Who is affected by the ruling?

The decision directly benefits several groups. Long-term foreign residents in Portugal who had begun preparing applications under the new 10-year track return to the prior 5-year pathway. EU and CPLP nationals who would have faced a 7-year requirement likewise revert to 5 years.

Applicants whose qualifying residence period had been counted from the date of initial application gain clarity. The pre-amendment start point no longer falls away in favour of a residence-card-issuance trigger.

Foreign nationals with prior criminal convictions seeking naturalisation also benefit. The blanket two-year sentence bar no longer excludes them automatically.

How does the ruling interact with prior law?

Law No. 37/81 of 1981 has been amended several times. The Court's decision removes the four named October provisions from the statute. Other October 28 amendments not named in the ruling appear to remain in force pending any future challenge.

What happens next?

Portugal's Parliament must decide how to respond. Options include redrafting the struck-down language, leaving the statute as it stood before October 28, or referring revised text back to the Court.

The Court has not set a deadline for legislative action. Citizenship applicants and current residents should monitor official Portuguese government channels for updated implementing rules.