The Constitutional Court approved changes to the citizenship law

The Constitutional Court (CC) decided on Tuesday to consider a constitutional change to the rules for granting citizenship to Sephardic Jews following a request for a preventive review by the President of the Republic, as he understands that it is worsening the situation of Israeli hostages in the Gaza Strip.

“The Constitutional Court, by a majority vote, decided not to rule on the unconstitutionality of the norms constituting this transitional regime, understanding, in essence, that it does not violate the legitimate expectations of applicants for citizenship and does not directly threaten the lives of its recipients or the dignity of the human person,” it says in a ruling that was read this afternoon at the high court’s headquarters in Lisbon.

The Tax Code understood that the change in question “does not entail any restriction of rights, freedoms and guarantees and does not violate the principle of protecting trust (…)” in accordance with the principle of the rule of law.

The decision refers to a transitional regime “applicable to applications for naturalization submitted between 1 September 2022 and the entry into force of the new diploma by descendants of Portuguese Sephardic Jews expelled from Portugal at the end of the 15th century.”

The resolution recalls that the changes in the law came at a time when the public suspected “that there would be misuse of this opportunity.” [de naturalização]”, clarifying that it is not certain that “all those who were granted Portuguese citizenship were in fact descendants of Portuguese Sephardic Jews.”

“Connected with this suspicion is the belief that the regime of Article 6, No. 7 LdN [Lei da Nacionalidade]was not applied properly – it was applied mechanically and uncritically, as if the government were legally obligated to grant citizenship after naturalization requirements had been met,” the ruling said.

As TC describes, “Over time, the exclusivity of the regime became a source of discomfort, since it was not certain that those granted Portuguese citizenship were creating effective ties to Portugal (as is required of other applicants for citizenship by naturalization). ),” prompting lawmakers to change the law to require “an effective and permanent connection with our country” from applicants for citizenship.

While asserting that the change in law is not unconstitutional, it nevertheless acknowledges that it “represents in part a deterioration in the legal regime for the acquisition of citizenship through the naturalization of the descendants of Portuguese Sephardic Jews, but a deterioration that falls within the line or trajectory of succession directed to bring it closer to other regimes for acquiring citizenship through naturalization.”

The President of the Republic submitted to the Constitutional Court a parliamentary resolution changing the rules for granting citizenship to the descendants of Sephardic Jews, considering that this could worsen the hostage situation in the Gaza Strip.

In a note published on the official website of the President of the Republic on the Internet, Marcelo Rebelo de Sousa stated that “the change in the nationality law, which has consequences applicable to ongoing processes, could worsen the situation of the Israeli hostages in the Gaza Strip.” who have pending requests for Portuguese citizenship.”

According to the President of the Republic, this impact “can be considered a violation of the principles of trust and dignity of the human person, as well as, objectively, the right to life, since the Portuguese-Israeli hostage has already been released.” on the basis of her Portuguese nationality.”

The Head of State adds that, therefore, “he submitted this decree of the Assembly of the Republic to the preventive review of the constitutionality of the Constitutional Court solely and specifically because of its Article 6.”

The changes to the citizenship law were approved by the Assembly of the Republic in a final global vote on January 5, with a majority of deputies from PS, IL, BE, PAN and Livre voting, PSD and three deputies from PS abstaining, and no votes from Chegi and PKP.

As for the granting of citizenship by naturalization, it is established in Article 6, which is now “subject to final approval by an evaluation commission appointed by the member of the government responsible for the justice sector,” with the participation of representatives of the competent services. , researchers or teachers and representatives of Jewish communities.

Under the provisions of the same article, descendants of Sephardi Jews who, in addition to demonstrating membership in a community of Portuguese origin, have “resided lawfully in Portuguese territory for at least three years, consecutive or interpolated”, may apply for naturalization.