The PS put forward proposals to overcome the unconstitutionalities of the nationality law and to balance it, also proposing a transitional regime. Socialists maintain their vote against the sanction of loss of nationality, despite the proposed changes to this matter presented by PSD and CDS. The discussion takes place on Wednesday, at 3 pm, in Parliament.
In a note sent to Lusa, the PS says that “three sets of amendments were submitted to the decree of the Assembly of the Republic that amends the Nationality Law and which was vetoed by the President of the Republic, following the decision of the Constitutional Court”, after 50 socialist deputies requested preventive inspection. “Regarding the decree that amends the Penal Code, introducing the sanction of loss of nationality, the PS maintains its opposition and will vote against proposed changes” says the same note.
To correct the unconstitutionalities pointed out by the Ratton Palace judges, the socialists propose to clarify that “a prior conviction does not have the automatic effect of preventing the acquisition of nationality, and consideration of the circumstances of the case is necessary”.
The socialists also want to eliminate an expression that the Constitutional Court “understood to be excessively indeterminate”, since the grounds for opposition to the acquisition of nationality were at stake, and to exclude articles relating to the entry into force of the law since the judges had considered that it violated “the prohibition of retroactive effects”.
Taking into account that “it is about ensuring the positive vote of the PS in the final version of the diploma”, the party warns that “there are two matters on which it is essential to obtain consensus” and therefore proposes “minimum changes essential to avoid an unbalanced law”.
Thus, to “balance the law”, the PS wants shorter periods of habitual residence, that is, nine years instead of 10 for citizens outside the CPLP or the European Union. “Enshrine a shorter period of residence for parents for the naturalization of minors born in national territory (3 years for CPLP and the European Union, or four years in other cases, instead of 5)”, he also proposes, in addition to wanting to do away with demonstrating means of subsistence at the time of the application as this is already assessed beforehand, when a residence permit is given.
On the other hand, the PS Parliamentary Group wants “standards for phased entry into force and a transitional regime, which the current version does not have”, to be included in this law, considering that these are important for the “law to be more balanced”, despite this issue not having been highlighted by the Constitution. “In this way, expectations are protected that we believe should be protected by the legislator, not surprising to those who in good faith relied on another legal regime”they explain.
Thus, the socialists want to allow the submission of naturalization applications in light of the law in force until June 31, 2026, ensuring that, by the end of 2028, residence periods are counted from the moment the application for a residence permit is submitted and also ensure that the increase in habitual residence periods for naturalization occurs progressively until 2028.
“Allow, until the end of 2026, the naturalization of people who did not retain their nationality after 1975, but who have remained in Portugal, and their children born in national territory”, further mentions.
The PSD and the CDS-PP today submitted proposals for amendments to the decrees on the nationality law, which they consider to overcome the unconstitutionalities that motivated the lead, and which they hope to see approved “with as much consensus as possible”. Shortly afterwards, the president of Chega revealed that it was not possible to reach an agreement on the nationality law and will move forward with “his own and autonomous proposals”, accusing the PSD of not being able to “be less socialist than the socialists”.
Parliament will review on Wednesday the decrees that intended to amend the Nationality Law and the Penal Code (creating the additional penalty of loss of nationality), which were returned to parliament after the TC’s decision.
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