Submission to the Constitutional Court (TC) or veto of the Nationality Law. These are the requests made in a letter sent to President Marcelo Rebelo de Sousa, signed by jurist Isabel Comte and lawyer Renato Martins. DN had access to the document, in which professionals argue that changes to the law “they violate the structuring principles of our Rule of Law and directly affect the family life and property of many residents and Portuguese descendants”.
The first point mentioned concerns the separate diploma that only changes the Penal Code, providing for the loss of nationality in the case of serious crimes. It is pointed out that this change “discriminates against naturalized citizens against Portuguese people of origin” and violates the “principle of proportionality”.
In the second text, which focuses on the Nationality Law itself and introduces the biggest changes, the law firm highlights six aspects. One of them is the new requirement for knowledge of “culture, history and national symbols”. In the view of professionals, “These criteria are characterized by their ideological and indeterminate nature, incompatible with freedom of conscience and expression”.
In the point of the law that eliminates the possibility of obtaining nationality through the Sephardic route, the authors of the letter argue that this “would frustrate legitimate expectations, breach the protection of trust and would sacrifice the public interest in preserving historical memory and strengthening ties with communities that have maintained, over centuries, objective signs of belonging to the Portuguese tradition.” On this topic, this is the second appeal to the President not to promulgate the law.
Last week, as DN reported, descendants of Sephardic Jews created a movement to try to stop the promulgation of the law. To the newspaper, Portuguese-Brazilian Jordana de Almeida, who leads the initiative, explained that the article can be technically improved, but should not be eliminated.
Another point addressed in the letter refers to the attribution of original nationality to grandchildren of Portuguese people, which now depends on conditions similar to those required of foreigners who request naturalization, such as residence in Portugal. “Subvert the right of blood and affects the protection of the legitimate trust of families in the diaspora”justify.
As for the change relating to the recognition of membership after reaching the age of majority, which now requires judicial proof, the argument is that “imposes a procedural burden that may conflict with the right to personal identity and the protection of filiationreaching families who only later managed to regularize their situation, not valuing the remaining valid forms of recognition of parentage provided for in the Civil Code”.
Legal experts also point out problems in the collection of biometric data and its transversal reuse, without adequate justificationwhich may “violate the Constitution, which protects the right to privacy and personal data”. Finally, they point out that the new rule of “physical presence of the applicant before consular agents, only dispensable due to physical impossibility and when the travel of an agent is not possible”, creates “disproportionate barriers for people with disabilities, the elderly and residents of large countries, violating articles 18 and 71 of the Constitution”.
At the conclusion of the document, the authors ask the President that, “if Your Excellency decides not to promote preventive inspection, I request a veto (due to unconstitutionality or political) under article 136 of the Constitution, accompanied by a message that recommends the reformulation of the mentioned norms”.
Isabel Comte, one of the jurists who signed the text, is the author of the book Nationality Law – Annotated and Commented and worked for 16 years as a records conservator at the Lisbon Central Registry Office.
President will decide
The final drafting of the texts, a stage that precedes sending to the President, took place on November 5th. However, according to the Parliament website, the diplomas have not yet gone to São Bento. After submission, the deadline for analysis is 20 days.
If the legislation is enacted, it will be published in the Official Gazette and will come into force the following day. The approval it had favorable votes from PSD, Chega, IL, CDS and JPP, for a total of 157 votes. The PS, Livre, PCP, BE and PAN voted against, totaling 64 votes.
amanda.lima@dn.pt