The President of the Portuguese Republic approved a new nationality law

• 7 May, 26

On the same date, the Presidency of the Republic received for enactment Decree No. 48/XVII of the Assembly of the Republic, which amends the Nationality Law, and Decree No. 49/XVII of the Assembly of the Republic, which amends the Penal Code by creating the ancillary penalty of loss of nationality. The latter decree was subject to a request for preventive review of constitutionality filed by a parliamentary group, and the Constitutional Court’s decision is still pending.

The President of the Republic enacted the decree from the Assembly of the Republic that amends Law No. 37/81 of October 3, which approves the Nationality Law.

Indeed, through Judgment No. 1133/2025, the Constitutional Court ruled on the unconstitutionality of several provisions contained in Decree No. 17/XVII of the Assembly of the Republic, which have been comprehensively revised in the new decree in order to overcome the unconstitutionalities declared in that decision.

However, despite the parliamentary majority that approved the decree, the President of the Republic reiterates that the revision of a law of reinforced value, such as the Nationality Law, should also be based on a broader consensus regarding its essential lines, distancing itself, as he has had the opportunity to state in the past, from possible “ideological marks of the moment.” Such distancing would recommend that the Nationality Law not be subject to successive amendments, to the detriment of legal certainty and, consequently, of individuals, as well as the risk of affecting the undeniable credibility of institutions.

The President of the Republic’s decision to enact was contributed to by the understanding that the more demanding criteria and the increased deadlines for acquiring nationality do not prevent the essential humanitarian protection and the desirable integration of children and minors born in Portugal to immigrant parents, as established in the national legal framework, namely access to healthcare and education. The President of the Republic understands that any future legislative amendments and formulation of new public policies should always give special attention to the protection and integration of children and minors born in Portugal.

The President of the Republic underscores the importance of ensuring that pending processes are not – in effect – affected by the legislative amendment, which would constitute an undesirable breach of trust in the State, both internally and externally.

Finally, the President of the Republic also underscores the importance that the counting of the legally established deadlines for obtaining nationality not be affected by the State’s slowness.

Cre: presidencia.pt