Article 204 of the Constitution is implemented almost weekly by Portuguese courts, which means “as the court, we do not implement such and such law, because we would breach the Constitution if we implement it in such situation.”
Just search Google: “Artigo 204.º” CRP acórdão site:dgsi.pt
Implementation of Article 204 is extremely common in Portuguese courts.
Then they “swim against the current” almost weekly, as the Article 204 is very specific and it is implemented almost weekly.
What you fail to see is: the new law is not unconstitutional. The Constitutional Court has no reason to return it. It is a perfectly constitutional law. Only when it is applied to a person already residing in Portugal it becomes unconstitutional, and this is precisely what the Article 204 is for.
Chega is calling for immediate application of the new Nationality Law not only to the future, but to all pending cases as well.
André Ventura referiu que António José Seguro “pediu alguma contenção nos efeitos imediatos desta lei” , mas, para o Chega, as novas regras devem"aplicar-se mesmo aos procedimentos que estão em curso,uma vez que não se trata de uma legislação penal, mas de uma legislação administrativa que estabelece regras de obtenção da nacionalidade em Portugal".
“…according to Chega, the new roles should be applicable to all on-going proceedings since the this is not a criminal law but rather just an administrative law that establishes rules for obtaining the citizenship in Portugal”.
Until April 1st, I would have agreed with you. However, now I believe the laws can be conveniently skewed and/or interpreted to satisfy the government needs and whims, much like they are in the good old Russia.
@tkrunning
Now that we finally know the potential impact of the 2025 Portuguese election on the Golden Visa program (the OP was wrong) and all speculation has dissipated, it’s now time to close this thread.
Let’s hope the next cycle of Portuguese elections would make a change in the right direction and bring new hope to people waiting, a lot can change in 10 years!
I still believe litigation by GV investors individually might turn the situation based on legitimate expectation and intentional administrative delays.
By the way, for people who are really into moving to a different EU country, you could also ask for the Cartao de Residente Longa Duracao UE after 5 years of legal residence. This card is usually transferable to other EU countries (save for some exceptions) and allow a slightly more restricted (but entirely doable) version of free movement.
Because I know a lot of Turks, and their experience is of deep corruption, political interference, and arbitrary, unannounced rule changes (sound familiar?). Anecdotes about a country providing a smooth path to lure in some foreigners is not the full story of its governance. I thought we had all learned that from Portugal