Yesterday, several news outlets reported that the Socialist Party (PS) has decided to request fiscalização preventiva da constitucionalidade (preventive review of the constitutionality) regarding the recently approved proposal to amend the Portuguese Nationality Law.

In public statements, PS clarified that this request is grounded in institutional and procedural considerations, noting that the manner and speed of the parliamentary approval justify recourse to this constitutional safeguard. As the party explained, preventive review is a legitimate mechanism expressly foreseen in the Constitution, designed to ensure that structural and organic laws comply fully with constitutional standards before entering into force.

This development naturally raised questions among foreign residents, particularly those awaiting clarification confirming that the five-year naturalisation period begins on the date of the original residency application, not the date of card issuance.

Given this understandable concern, it is important to explain:

• What the preventive review mechanism entails,
• Why it exists only for specific and exceptional circumstances,
• What the Constitution provides in Article 278(4), and
• Why this step ultimately reinforces the solidity and reliability of the Portuguese legal system.

1. What Has Happened?

According to public information, the PS parliamentary group has submitted a request for a preventive review to the Constitutional Court.

This request concerns the organic law amending the Nationality Law.
It is fully legitimate, expressly foreseen in the Constitution, and forms part of the system of checks and balances characteristic of a democratic State governed by the rule of law.

It is also important to highlight that this institutional development comes at a moment when many long-awaited biometric appointments are finally being issued for Golden Visa applicants. This demonstrates that, despite the constitutional procedures now underway, administrative progress continues. For thousands of investors and families who have been waiting, the recent wave of biometric notifications is a highly positive sign that the system is moving forward in parallel.

2. What Is Preventive Review and Who Can Request It?

Under Article 278(4) of the Portuguese Constitution, preventive review is available for organic laws, a category that includes the Nationality Law.

The Constitution allows the following entities to request preventive review:

• The President of the Republic
• The Prime Minister
• One-fifth of the Members of Parliament

The PS parliamentary group alone exceeds one-fifth of MPs, giving it standing to request the review—something exceptionally rare in parliamentary practice and a mechanism the party had not previously indicated it would use, but ultimately decided to activate.

Once the request is formally submitted, the President of the Republic cannot promulgate the law until the Constitutional Court issues its decision.

3. What Happens Now? The Timeline

After receiving the complete request, the Constitutional Court must analyse it and issue a decision within a maximum of 25 days.

During this period:

• The President cannot promulgate the law.
• Parliament cannot enforce it.
• The approved changes remain on hold, not rejected.

4. Why This Development Reflects a Healthy and Reliable Legal System

Although the request for preventive review may appear unexpected—especially given how rarely it is used—its activation demonstrates the robustness of Portugal’s constitutional framework.

Rather than indicating disruption, it represents a normal and legitimate institutional dialogue between Parliament, the President, and the Constitutional Court.

4.1. The system is functioning as intended

The Constitution establishes clear procedures to ensure that organic laws undergo heightened scrutiny.
By activating this instrument:

• Institutions adhere to constitutional procedures,
• Checks and balances operate effectively,
• The overall process gains transparency and legal certainty.

For foreign residents, this reinforces Portugal’s commitment to predictability and the rule of law.

4.2. The future law will be more solid after judicial confirmation

Recent commentary from constitutional law professors suggests that many of the doubts raised during the parliamentary debate are precisely the kinds of questions the Constitutional Court is expected to analyse in preventive review. This means the upcoming decision is likely to offer welcome clarity. Importantly, preventive review does not aim to block legislation; it aims to strengthen it.

Depending on the Court’s findings:

• If the law is confirmed as not breaching the Constitution, it proceeds with added authority, having passed full constitutional scrutiny.

• If adjustments are required, the law will return to Parliament, where all political forces will again work to produce a clear, coherent, and constitutionally compliant version — fully aligned with the fundamental principles of the Portuguese democratic system.

Either outcome enhances legal stability for all residents relying on the Nationality Law.

4.3. Even after constitutional approval, the President retains political discretion

Constitutional confirmation does not oblige the President to promulgate the law.
He retains the power to issue a political veto, a separate mechanism within the constitutional balance of powers.

This illustrates that Portugal does not simply “rubber-stamp” legislation; the system promotes reflection and proportionality among all branches of government.

4.4. This moment strengthens Portugal’s image as a rule-of-law jurisdiction

Even when legislative processes slow down, the fact that institutions strictly follow constitutional procedures reinforces Portugal’s reputation as:

• a mature democracy,
• a predictable legal environment,
• and a safe country for long-term planning, including naturalisation.

For residents and investors, institutional reliability is ultimately more valuable than speed. This preventive review—precisely because it is used rarely and only in significant cases—illustrates that Portugal’s democratic institutions are active, independent, and prepared to ensure that major structural laws are fully aligned with constitutional principles before they take effect.

In a broader sense, this moment also reflects the stability of the Portuguese legal framework: while political debate continues in Parliament, administrative bodies continue to deliver progress, as seen with the recent issuance of biometric appointments. Together, these developments demonstrate a system that balances democratic scrutiny with operational continuity—an essential combination for those who rely on Portugal as a trustworthy jurisdiction for residence, investment, and naturalisation.

IAS will continue to follow the Constitutional Court process closely and share timely, practical updates — helping all applicants move forward with clarity and confidence in Portugal’s long-term legal and investment framework.