Portuguese High Court Again Rejects Loss of Nationality for Crimes

Judges at the 19th century Ratton Palace, in Lisbon, which housed the Constitutional Court after the State acquired it in 1982 (Photo by Gerardo Santos)

---

The Constitutional Court again has struck down unanimously a proposed Penal Code amendment, which stipulates the penalty of loss of Portuguese naturalization for those who commit particular crimes with sentences of more than five years within 15 years of attaining citizenship.

The 11-judge court based its decision on the violation of the principle of equality as the proposed law would apply only to naturalized citizens, not to those who were born in Portugal, and the principle of proportionality, reported Expresso (May 8).

The revised Penal Code amendment was approved by right-wing parties in Parliament in April.

After submission by the Socialist Party, in December 2025, the Constitutional Court affirmed the unconstitutionality of four provisions of the Nationality Bill, which cited stricter rules and longer deadlines for applying for Portuguese citizenship, reported Expresso (December 15, 2025).

At the same time, in December, the court also rejected the ancillary code in the Penal Code, which imposed the loss of nationality from "an agent who has been sentenced to an effective prison sentence of four years or more" within 10 years of acquiring Portuguese nationality.

Both the Nationality Bill and the penal ancillary were returned to Parliament and reworked with the Socialist Party requesting the court's review only of the penal code, not the National Bill, which President António José Seguro promulgated with reservations on May 3.

In the revised Penal Code amendment, a conviction with an effective prison sentence of four years was increased to five years to lose citizenship. The sentence applied to acts occurring within ten years of acquiring citizenship which was increased to 15 years in the new decree.

This revised decree also no longer includes crimes against physical integrity (such as domestic violence), aiding illegal immigration, or possession of a prohibited weapon and, regarding criminal association, it only applies if the association is related to the serious crimes listed and if the agent is the head or leader of the association, reported Expresso (May 8).

Principle of Proportionality

However, the jurists argued that the penal code amendment also violated the principle of proportionality.

No one can lose their nationality for crimes such as aggravated homicide, slavery, human trafficking, rape and sexual abuse because "notwithstanding the seriousness of the conduct they typify", these crimes "do not incorporate in their typical structure any dimension of rupture with the relationship of belonging to the national community", explained José João Abrantes, president of the court.

As stated in court's ruling in December, the loss of nationality only can be decreed for those who commit crimes "against the security of the State", such as treason or espionage, or "crimes related to terrorism and its financing".

Also deemed unconstitutional was the possibility of regaining citizenship, reported Expresso.

"The Constitutional Court decided that, since the provision for the accessory penalty of loss of nationality is constitutionally inadmissible in relation to legal types without a functional connection to the relationship of belonging to the national community, the regime relating to the periods of prohibition and regaining nationality is, to that extent, equally unconstitutionally, as it imposes a sanction that, in itself, cannot be applied," according to the court's president.

President António José Seguro, who, upon receiving the Constitutional Court's decision on the amendment to the Penal Code regarding loss of citizenship, may veto it on institutional grounds and return it to Parliament.

Following the Foreigners' Law and the Law of Nationality, there is a third major piece of migration policy -- expedited deportation of immigrants, which already is on its way, reported Diário de Notícias (April 1).

"Defeat" for Chega

Even before Parliament began to debate the Foreigner's Law and the Nationality Law in the summer of 2025, André Ventura, leader of "Portugal for the Portuguese" Chega party, was adamant in the promulgation of the loss of nationality amendment, which he had once insisted was integral to the Nationality Bill.

"André Venture identified Chega as author of this rule and, in that sense, admitted that the decision represents a "defeat" for his party. However, the leader of Chega is not giving up on this formulation and urged the PSD (Social Democratic Party) to proceed with the reconfirmation of the law in Parliament, even if it has been declared unconstitutional," according to Expresso.

Theoretically, the declaration of unconstitutionality can be overturned and the law imposed if it is reconfirmed by a two-thirds vote of the deputies, the constitutional majority with which Parliament approved the Nationality Bill.

However, this prerogative has never been used and, after the Constitutional Court's prior decision on the Nationality Bill, challenged by Ventura to do so, Prime Minister Luís Montenegro vehemently refused to engage in an institutional battle, reported Expresso (May 8).

"If the other (parties) believe that it shouldn't be this way, I challenge them to hold a referendum on this. Let's ask the Portuguese people if they agree or not that those who commit crimes should lose their Portuguese nationality. Because this is getting a bit tiring," said Ventura, according to Expresso.

Chega, founded in 2019, embodies characteristics of 21st-century far-right groups: nativism, authoritarianism, and populism, according to Foreign Policy (January 26, 2021). André Ventura sowed the seeds of his political career by targeting the Roma (Romani), or ciganos, and demonizing the poor, touting the necessity for law and order, and adopting an anti-establishment stance.

Chega's rhetoric is colorful and passionate. It says it plans to reduce corruption and bring justice.

In the 2025 national election, Chega won 60 out of 230 seats, overtaking the Socialist Party's tally of 58 seats to achieve second place. The Democratic Alliance (AD) -- composed of the Social Democratic Party (PSD), the CDS -- People's Party (CDS-PP) and the People's Monarchist Party (PPM) -- won the largest number of seats -- 91.