I take it you’re familiar with the massive backlog at the Administrative Court that’s mainly AIMA (and Social Security) lawsuits?
Our own court appeal was filed July 2024 and still nothing - will be 2 years ago in a few months. I would not count on getting resolution in 1 year, especially if we have another “everyone suing” situation.
Yes I am aware of the backlog.
However, once a ruling is obtained by any individual, it will set precedent.
Furthermore Article 34 of CÓDIGO DE PROCESSO NOS TRIBUNAIS ADMINISTRATIVOS says that “Summons for the defense of rights, freedoms and guarantees” will be resulted with priority.
In any case, I think that this is the only option we have. I think, as per the legal procedures, there is no other way to follow.
Again, legal opinions from different administrative lawyers would be very helpful.
I like the idea, but Portugal uses civil law right? precedent isn’t a thing right?
Precedent is always a thing.
Precedent is not only for common law. The difference between common and civil law is, in common law, the precedent of higher court is binding for lower court, that’s it.
In Portugal, civil law applies. Once a court gives decision and the decision is approved by higher court, there will be a precedent for the authority (aima, etc.) to follow.
Anyway, let’s imagine there will be no precedent and the authority continues to ignore finalized court rulings and keeps rejecting applications, as mentioned on my initial post, every individual who got rejected will file a separate lawsuit and lose 1-2 years only. What I am saying is that this is the only way to follow, not a class action lawsuit which will not change anything.
Yeah if precedent worked then filing a case on AIMA would be an automatic card.
PS and PSD reach agreement …to postpone decision on Constitutional Court judges
The selection of judges for the Constitutional Court has been postponed until May, at which time instead of three, four will need to be replaced.
…according to André Ventura, the possibility of nominating four instead of three names for the plenary of judges should facilitate an understanding between PSD, Chega and PS.
So what happens if the current law is sent to the CC, but they are switching out judges… does the CC get more time to review than normal?
The proposed law has been published:
2026-RevisionsToNationalityLaw.pdf (235.6 KB)
While this might be a good strategy it forces the investor to wait till they’ve had 5 years before applying and thus forgoing the opportunity to apply early and attempt to be reviewed under the current rules. I want to maximize the number of strategies/options available to me and choosing between one or the other is daunting.
So did the President send this to the constitutional court yet or are we still waiting to hear from him on that? (when does the 8 day deadline for that end..?)
A lawyer posted this timeline in the WhatsApp group yesterday:
April 7: it was published in the Parliament´s Official Gazette. The MPs are allowed the next 3 days to point out any inaccuracies
April 13: earliest day it can be sent to the president
April 21: (assuming the president received it April 13) 8 days after the president receives it would be the deadline to refer to the Constitutional Court
May 3: (assuming the president received it April 13) 20 days after the president receives it would be the deadline for promulgation if not vetoed or referred.
Sent a letter here, thanks
António Leitão Amaro is - as always - very confident…
Nationality Law. Government says the bill is “robust” and does not influence a presidential decision
“In the nationality law, the reasons for unconstitutionality have disappeared, that is, between what the Constitutional Court has already validated and what it identified as difficult, but solutions have been found that are considered robust,” the minister argued.
Note the more contentious (possibly unconstitutional) amendment to the Penal Code re: revoking Nationality is a 2nd, separate decree.
We should have spent the money partying in Paris for 5 years. Come back home with a French passport in hand.
Even the French path to citizenship has changed. Now they want you to prove that most of your income is French sourced next to B2 language exam. But even that sounds better than 14 years in Portugal with a D visa.
Hope they don’t give ideas to Portugal with “source of income” requirement.
One thing I have learned from this process. Those with the most to gain financially are the most optimistic .
Isnt french citizenship pretty hard to get? Like you have to go in front of a committee an explain why you deserve it? It’s not just do your time, plus some exams…
In addition to that, there is a mandatory interview (35-45 minutes) at the local police station about french culture/history. One must have knowledge about it on top of linguistic certificate B2.
Who knows what Portugal will come up with in the next 5-10 years. Considering they change rules every year.
Do we have visibility of that 2nd degree which specifies under what conditions the citizenship is lost? The main text just talks about the voluntary giving up.