Portugal's Constitutional Court & Its Recent Role In The Golden Visa Changes

The Constitutional Court serves as the highest constitutional authority in Portugal. As stipulated by the Portuguese Constitution, it is an integral component of the judicial branch within the nation's political framework. Distinct from other Portuguese courts, the Constitutional Court possesses unique attributes, including a specialized composition and exclusive competencies. Its primary function is to assess the constitutionality of newly enacted legislation. Additionally, it holds significant authority concerning the presidency, political parties, and referendums.

The Portuguese Constitution characterizes the Constitutional Court as a fully autonomous entity, operating independently from other government branches, such as the executive and legislative. The justices of the Constitutional Court enjoy independence and are immune from impeachment. The court's rulings supersede those of any other authority.

The court is based in Lisbon, at the Ratton Palace in Bairro Alto.

Portuguese Constitutional Court

The court comprises thirteen justices, with ten elected by the Assembly of the Republic, the main legislative body, requiring a two-thirds majority vote. The remaining three justices are selected by their peers. Of the thirteen, six must be drawn from the general judiciary, while the others must possess at least a law degree. Justices serve a non-renewable nine-year term. The Constitutional Court elects its own president and vice-president and establishes its rules, schedule, and budget autonomously.

The president of the Constitutional Court, alongside the president of the Supreme Court, ranks fourth in the Portuguese state hierarchy, following the president of the republic, the president of the Assembly of the Republic, and the prime minister. The president's responsibilities include facilitating communication between the court and other authorities, receiving presidential candidacies, and presiding over court sessions. As of 2023, José João Abrantes holds the position of president.

The Constitutional Court's competencies, as defined by the Constitution, include:

• Ensuring compliance with the Constitution and regional autonomies;

• Reviewing and guaranteeing the constitutionality of legislation;

• Declaring the president's death or incapacity to perform duties;

• Overseeing electoral processes;

• Ensuring political parties meet legal criteria for existence;

• Prohibiting and dissolving fascist parties and organizations;

• Ensuring the legality of national and local referendums.

How Has This Court Provided Protection For Proposed Law Changes On Obtaining Portuguese Citizenship?

The situation surrounding the Portuguese Nationality Law is currently in a state of "legal limbo" following a significant ruling by the Constitutional Court in December 2025.

While Parliament attempted to pass a major overhaul that would have doubled the residency requirement for many, the Court’s intervention has temporarily halted these changes.

1. What was proposed?

In late October 2025, the Portuguese Parliament approved a decree that represented a "hard turn" in immigration policy. The most controversial proposals included:

• Doubling Residency Time: Increasing the required legal residency from 5 years to 10 years for most non-EU/CPLP nationals (and to 7 years for EU and CPLP citizens).

• Resetting the "Clock": Reverting the rule so that the residency period would only start when the physical residence card is issued, rather than when the application is submitted.

• Stricter Integration: Adding a mandatory "civic and cultural" exam alongside the existing A2 language requirement.

• Retroactive Application: Most critically, the law was intended to apply to people whose applications were already pending.

  
  

2. The Constitutional Court’s Ruling (Dec 15, 2025)

The Socialist Party (PS) requested a "preventive review" of the law. On December 15, 2025, the Constitutional Court struck down four key provisions, primarily on the basis of "Protection of Trust" (the principle that the state cannot unfairly change the rules for people already in the process).

Provision Struck Down	Reason for Rejection
Retroactive Stricter Rules	Violates the principle of legal certainty; pending applicants have a "legitimate expectation" to be judged by the law in force when they applied.
Residency Clock Reversal	The Court protected the 2024 rule (Law 1/2024), which counts time from the application date. Removing this was deemed an unfair burden on applicants due to state administrative delays.
Vague "Fraud" Language	A rule allowing the cancellation of nationality for "manifest fraud" was rejected because it lacked clear, predictable legal criteria.
"Rejection of Community"	Provisions allowing opposition to citizenship based on undefined behaviors were ruled unconstitutional for being too vague.

Note: The Court did not rule that a 10-year residency requirement is inherently unconstitutional for future applicants—only that applying it to those already in the system was a violation of their rights.

3. What happens next?

Following the ruling, President Marcelo Rebelo de Sousa issued a preventive veto on December 19, 2025. This sent the decree back to the Assembly of the Republic.

• Current Status (March 2026): The current law remains in force. This means the 5-year residency requirement still applies, and the "waiting time" for your residency permit still counts toward your citizenship clock.

  
  

• Parliamentary Revision: Parliament must now decide whether to:

  1. Drop the bill entirely (unlikely given the political climate).

  2. Amend the bill to remove the unconstitutional parts (e.g., ensuring the 10-year rule only applies to new residents and keeping the "application date" start for the clock).

  3. Override the veto: This would require a massive supermajority and is legally complex given the constitutional findings.

     
     

Summary for Applicants

If you are already a resident or have a pending application, the Court has essentially built a "shield" around your expectations. Even if a 10-year law eventually passes, it is highly likely that based on this ruling—that it cannot be applied to you retroactively. The fundamental position of the Portuguese constitutional fabric lies in the balance of this decision.