Key Amendments to the Portuguese Nationality Law Organic Law No. 1/2026, of 18 May 2026
Plan your preliminary legal strategy
On May 18, 2026, the Amendments to the Portuguese Nationality Law were published in the Portuguese Official Gazette. The significant changes introduced by this legislation are as follows:
Important Notice: This new version of the law will enter into force on 19 May, and all citizenship procedures that are already pending on that date will be governed by the previous version of the law.
Plan your preliminary legal strategy
1. Claim for Recognition of Rights
As an initial step, it is advisable to file a judicial claim for recognition of rights, that will allow a party to obtain judicial confirmation of a legal status or right arising directly from the law, including raising concerns regarding the constitutionality of the amendments to the Nationality Law.
2. "Complaint to the Ombudsman (Provedor de Justiça)"
Simultaneously, it is advisable to submit a complaint to the Ombudsman (Provedor de Justiça), raising concerns regarding the conformity of the recent amendments with the Constitution and requesting an appraisal of their alignment with the applicable constitutional and legal principles.
3. Portuguese citizenship request + Subpoena for the Protection of Constitutional Rights, Freedoms and Guarantees
Following the completion of the five-yearperiod from submission date, required under the previous version of the Nationality Law, it is advisable to pursue two complementary legal steps: i) submit an application for citizenship law, ii) file a subpoena for the protection of constitutional rights, freedoms, and guarantees. The subpoena is an urgent remedy used when a prompt decision is essential to safeguard the effective exercise of a fundamental right. It requires two cumulative conditions: first, being a constitutionally protected right must be at stake — such as the right to nationality — and then, the case must present special urgency justifying an expedited decision.
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Detailed constitutional analysis of the amendments and expert legal opinions from reputable scholars and practitioners, including a procedural assessment of the most effective litigation strategy to adopt, to strengthen the legal and constitutional arguments.