The analysis of the new texts of the Nationality Law is scheduled for next week. They are new texts, even in the plural, because the Government coalition changed the project to two proposals, as a way of avoiding a lead in the Constitutional Court (TC), as happened with the Foreigners Law.
The vote in the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees was scheduled for this Wednesday, October 15th. However, a request for change was submitted for October 22nd, next Wednesday.
The new versions of the texts present modifications based on opinions received, mainly from constitutionalists. “After careful analysis of the many contributions made, the quality of which is fair to highlight, the proposing parties decided to exclude from the provisions of the Nationality Law the proposal that, by far, aroused the greatest divergences – the sanction of loss of nationality –, referring its treatment to the Penal Code, together with the other additional sanctions”, appears in the text presented by the PSD/CDS-PP.
The retroactivity of the application of nationality requests for immigrants was also removed. Initially, the proposal put the date of entry into force as June 18, that is, those who completed five years of legal residence in the country after this date would have to wait for another two or five years.
It is maintained that citizens of the Community of Portuguese Speaking Countries (CPLP) will need five years of housing with a residence permit. For other immigrants, the period is ten years, double the current time.
The separate diploma contains a proposal to amend the Penal Code, stating that naturalized Portuguese citizens may lose their nationality in the event of committing serious crimes. One change is that this loss will cover all Portuguese citizens who acquired their nationality less than ten years ago.
“The proposing parties also agreed to accept several recommendations contained in the opinions presented”, the document states. Furthermore, it is a strategy to avoid the lead in the TC, since the diplomas are separate.
“We also want to make it clear that if this matter is sent to the Constitutional Court for consideration it will not contaminate the nationality law process, which, I say again, is an issue of vital importance for the country”, said deputy António Rodrigues, speaking to journalists, in parliament on the night of Tuesday, October 14, with CDS-PP deputy João Almeida at his side.
But these may not yet be the final texts. The Socialist Party (PS) announced that it will also present proposals, while welcoming the changes from the PSD and CDS-PP.
*With Lusa