The Superior Council of the Judiciary admits unconstitutionality in the Law of Nationality, suggesting that its loss to convicts can only be applied when there is abuse or falsehood in its obtaining.
In June, the Government delivered to the Assembly of the Republic a proposal to change the law of nationality that provides that naturalized citizens with another nationality besides the Portuguese can be punished by the courts with the loss of Portuguese nationality in case of condemnation to at least five years in prison for crimes against life and sexual freedom, terrorism or drug trafficking, among others.
The penalty will have the nature of accessory sanction and may be applied only as to acts in the ten years following the acquisition of Portuguese nationality.
In the opinion on the law proposal sent to Parliament on September 9, consulted this Tuesday by Lusa, the Superior Council of the Judiciary (CSM) warns that this “may raise problems of constitutionality”, by generating a “nationality of ‘2nd degree’, or ‘in proof of proof'” that creates “distinction between citizens”.
Admits, however, that such It may be protected if there is “a relationship between obtaining nationality and the counterfeit/abusive use of the requirements/documents that support it”.
In this regard, the judges’ management body also points out that, “In substantial terms, the accessory penalty must have some correlation with the crime concerned,” which explains, exemplifies that someone convicted of theft is not punished with the ban on driving vehicles with motor.
The CSM observes in the conclusions, therefore, that, from a legal point of view, the “prediction of the accessory penalty of loss of nationality (…) must be rethought, considering association with situations of abuse of nationality or falseness of requirements that were on the basis of its concession”.
The body led by inherence by the President of the Supreme Court also detects risks of unconstitutionality if the new requirements of obtaining nationality apply to requests formulated before the eventual entry into force of the law.
Among other aspects, the CSM also warns deputies on the impact that the proposal of law may have in foreign children and young people in danger definitively, which currently entitles the naturalization process.
“In the present proposal this right becomes discretionary. The proposed change is a political option. However, the reformulation of the law provided for in al. K), Article 58, of Law No. 147/99, of 1 September, must be considered,”
The point in question establishes that right. The government’s proposal to amend the Law of Nationality is being discussed this September in the Parliamentary Commission of Constitutional Affairs, Rights, Freedoms and Guarantees.
