Portuguese President Vetoes Amendments to the Nationality Law

• 22 December, 25

On 19 Dec 2025, The President of the Portuguese Republic, Marcelo Rebelo de Sousa, has recently vetoed and returned two parliamentary bills concerning amendments to the Nationality Law and the Criminal Code, in accordance with constitutional requirements. The decision follows rulings by the Portuguese Constitutional Court, which found several provisions of the proposed legislation to be unconstitutional during preventive constitutional review.

Nationality Law Amendments Sent Back to Parliament

Under Article 279(1) of the Portuguese Constitution, when the Constitutional Court declares any provision of a bill unconstitutional, the President is legally obliged to veto the diploma and return it to the body that approved it. As a result, the President declined to promulgate Parliamentary Decree No. 17/XVII, which sought to amend Law No. 37/81 of 3 October, commonly known as the Portuguese Nationality Law.

The Constitutional Court ruled that several provisions of the proposed amendments violated constitutional principles, including: Article 6(1)(f) of the Nationality Law, the second part of Article 9(1)(a), article 12-B(3) and provisions derived from Article 7(3) and (4) of Decree No. 17/XVII.

In his formal message to the President of Parliament, Marcelo Rebelo de Sousa stressed that, in light of the Court’s ruling, he was constitutionally bound to return the decree for reconsideration.

Criminal Code Amendment on Loss of Nationality Ruled Unconstitutional

At the same time, the President also vetoed Parliamentary Decree No. 18/XVII, which proposed amendments to the Portuguese Criminal Code introducing the loss of nationality as an accessory criminal penalty.

The Constitutional Court declared several provisions of the newly added Article 69-D unconstitutional, following its preventive review. Consequently, the President emphasized that the decree could not be promulgated or enter into force until the constitutional issues are addressed.

Next Steps: Legislative Revisions Required

With both decrees formally returned, the Portuguese Parliament must revise or remove the unconstitutional provisions and reapprove the legislation before it can be resubmitted to the President for consideration.

The full text of the two official letters sent by the President of the Portuguese Republic to the President of Parliament regarding Parliamentary Decrees No. 17/XVII and No. 18/XVII is available in the attached PDF file.

Cre: Presidência da República Portuguesa