It must be rewritten but the parts not ruled unconstitutional can be kept.
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Thank you. So, definitely no answers before my biometrics in January lol.
Yes the majority of it and the most important changes were found unconstitutional
DN, Expresso and Pulse have put out stories on the ruling.
Meanwhile, in the Resident universe… laser focused on the Breaking News that matters:
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Some parts could be rewritten but others have failed in principle and ALL the sticking points for Chega have gone down the wind and I see no prospect for them to vote on a different proposal.. which means PS must be consulted this time around
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Would it be possible to post links to the articles already out?
So does it mean they will have to settle for either 7 or 10 years for everyone equally, or perhaps revert back to 5 years?
Wow, what a confusing situation we’re in. Could someone please explain the ruling in plain English once it’s out so we can understand it?
The lawyers in the Amicus Brief chat are similarly confused, and anxiously awaiting the written publication. The decision that was given verbally cross references too many pieces of legislation to understand.
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The play-by-play by DN was useful. Here’s a link put through google translate:
Here’s Pulse:
If anyone can get behind the Expresso paywall, feel free to post it.
So does it mean they will have to settle for either 7 or 10 years for everyone equally, or perhaps revert back to 5 years?
Yes
Does anyone know which parts of the law were deemed to be constitutional?
The ruling text is not yet published only an announcement was made. Basically and in plain English the current law remains in place for the most part because the president now will undoubtedly veto it entirely.
What happens next is anyone’s guess, but since Chega’s demands were refused PSD will have to work with PS to pass a much watered down version which could amount to nothing. The PS will moderate the law changes and will, of course, demand to include a grandfathering clause.
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yes but then it would probably wind up back with the TC for abstract review after passage and almost certainly be struck down. They could do this but it probably still would not result in the law entering effect.
The mechanism for forcing this through without change is a constitutional amendment, which seems unlikely.
I haven’t followed all the twists and turns of this saga so I may well have missed something, but just wondering what’s the basis for believing PS will insist on a grand fathering clause?
Also, are you referring to a grandfathering clause for people who have already applied (or met the requirements) for citizenship or a grandfathering clause for current GV applicants/residence permit holders?
I hope this is how it happens. PS was negotiating all the way up to the end and thought there’d be grandfathering in there. The grandfathering got yanked at the last minute. There’s a pattern of rug pulling here. 
any of those solutions would likely be fine with the court. For now it’s still 5 years but there’s nothing saying they can’t change it to 7 or 10 in the future, just that it can’t be different for different groups. Or at least that’s my understanding
The parliamentary debates and amendment proposals made by PS all include transitional regimes and grandfathering clauses in various forms. They, in principle, are opposed to all the demands made by PSD and Chega and prefer the law in existing form including a 5 year timeline to citizenship application.
Those who have already applied for nationality and met the requirements on the date of their application are already grandfathered by constitutional protections.. the PS proposals affected people who have already applied or already hold residence permits including GV investors
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So, as of now, there’s no definite ruling regarding grandfathering for current GV applicants for residency, which would mean the 10 year period still starts from the time of application?
No, the new law will have to be vetoed and rewritten. What’s being speculated now is just how it will be rewritten. Current law is still 5 years, u til a new law is promulgated.