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Portugal's Constitutional Court Overturns Automatic Citizenship Denial for Criminal Convictions

| Haber
Portugal's Constitutional Court Overturns Automatic Citizenship Denial for Criminal Convictions
ECO Sapo
Portugal's Constitutional Court has declared that automatic denial of citizenship due to criminal convictions is unconstitutional.

📌 Key Highlights & Context

  • Automatic denial violates constitutional rights
  • Court mandates case-by-case assessment
  • Ensures fair citizenship application process

Background of the Decision

The Constitutional Court, in its 840/2026 ruling dated October 2, 2026, declared that automatically denying citizenship on the basis of criminal convictions contravenes constitutional principles. The court emphasized that such a blanket ban infringes on fundamental rights and the universal nature of citizenship.

Legal Framework and Implications

The ruling revisits provisions that predated the 2025 Nationality Law.

  • It removes the automatic denial, requiring individualized assessment.
  • It establishes a fair process for citizenship applications.
  • It opens new possibilities for residents and expatriates in Portugal.

Sources

Tribunal Constitucional trava recusa automática da nacionalidade por crime punível com pena de prisão