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OPPOSITION TO THE ACQUISITION OF PORTUGUESE NATIONALITY | AUTOMATIC EFFECTS OF CRIMINAL CONVICTION | RIGHT OF ACCESS TO PORTUGUESE NATIONALITY

 

 

Constitutional Court, judgment no. 331/2016, 19.05.2016

 

JURISDICTION: Constitutional

CASE: 1155/2014

SUBJECT: Constitutional appeal

RAPPORTEUR: Ana Guerra Martins

RULING: The Constitutional Court decides to hold as unconstitutional the norm extracted from Article 9(b) of the Nationality Act and Article 56(2)(b) of the Nationality Regulation according to which the conviction, in final judgment, for a crime punishable with a maximum prison sentence of three-years or more, when a penalty exemption was applied, is grounds for opposing the acquisition of Portuguese nationality. Therefore, the Constitutional Court decides not to grant the Public Prosecutor’s appeal.

DOMESTIC LAW:

Portuguese Constitution [Articles 26(1), 30, 164(f)]

Law no. 28/82, of 15 November 1982 [Articles 70(1)(a), 80(3)]

Law no. 37/81, of 3 October 1981, as amended by Organic Law no. 2/2006, of 17 April 2006 [Article 9(b)]

Criminal Code [Article 143(3)]

Law no. 37/2015, of 5 May 2015 [Article 11(1)(f)]

Decree-Law no. 237-A/2006, of 14 December 2006 [Article 56(2)(b)]

Constitutional Court, judgment no. 327/99, 26.05.1999

Constitutional Court, judgment no. 170/00, 22.03.2000

Constitutional Court, judgment no. 154/04, 14.03.2004

Constitutional Court, judgment no. 599/2005, 02.11.2005

Constitutional Court, judgment no. 106/2016, 24.02.2016

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Opposition to the acquisition of Portuguese nationality; automatic effects of criminal conviction; right of access to Portuguese nationality; principle of proportionality; individual undesirability assessment; status of Portuguese citizens; legally based expectation; interpretation in accordance with the Constitution; entitlement not to be deprived of Portuguese nationality; loss of civil, political and professional rights; relevant links with the Portuguese state; legal ties of Portuguese citizenship; other circumstances surrounding the conviction; penalty exemption; criminal record; effective ties to the national community

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.  

 

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Posted inRIGHT OF ACCESS TO PORTUGUESE NATIONALITY AUTOMATIC EFFECTS OF CRIMINAL CONVICTION OPPOSITION TO THE ACQUISITION OF PORTUGUESE NATIONALITY
TagsIndividual Undesirability Assessment Relevant Links With the Portuguese State Other Circumstances Surrounding the Conviction Right of Access to Portuguese Nationality Entitlement Not to be Deprived of Portuguese Nationality Penalty Exemption Automatic Effects of Criminal Conviction Status of Portuguese Citizens Legally Based Expectation Interpretation Consistent With the Constitution Effective Ties to the National Community Opposition to Acquisition of Portuguese Nationality Loss of Civil Political and Professional Rights Principle of Proportionality Criminal Record Legal Ties of Portuguese Citizenship