PS Challenges Nationality Law as Unconstitutional - Claims It Violates Ban on Perpetual Punishment

PS Seeks Constitutional Review of Nationality Law Changes

The Socialist Party (PS) is taking action against the newly approved rules governing the acquisition and loss of Portuguese nationality, arguing they violate fundamental constitutional principles. The parliamentary group has formally requested preventive constitutional review of eight specific provisions within the legislation.

Constitutional Principles at Stake

According to the PS, the new nationality regulations contravene several core constitutional guarantees:

• Principle of equality of rights
• Universal application of laws
• Proportionality in legal measures
• Protection of legitimate expectations
• Prohibition of perpetual or indefinite punishments

Key Provisions Under Scrutiny

The challenge specifically targets the accessory penalty of nationality loss, which the PS argues effectively creates a form of permanent punishment that violates constitutional protections against perpetual penalties.

Additionally, the socialist bench is contesting seven other norms within the new Nationality Law text, including the controversial provision that restricts nationality attribution to individuals who haven't served prison sentences exceeding two years.

This constitutional challenge represents a significant political and legal confrontation over the scope and limits of nationality regulation in Portugal, with potential implications for thousands of citizens and residents.