Going to court in Portugal does not ensure that rights will be upheld promptly, even in cases of high urgency. The situation has worsened due to the surge in lawsuits against the Agency for Integration, Migration, and Asylum (AIMA), which is currently managing over 400,000 pending residence permit applications. This backlog is particularly noticeable in the Administrative Court of the District of Lisbon, where legal notifications meant to be delivered within 48 hours are taking over three months to reach the recipients.
“This situation is beyond belief,” says Lanny Fortes Máximo, a 67-year-old retired chemical engineer. Since November last year, he has been waiting for a court ruling in his favor to be communicated to the Institute of Registries and Notaries (IRN). Judge Daniela Santos Costa of the Lisbon Administrative Court ordered the IRN to issue a final decision on his citizenship application within 30 days. However, Máximo explains that the court’s notification remains stuck in the court’s dispatch department.
The Supreme Administrative Court highlights that the current delays stem not only from the influx of lawsuits against AIMA but also from staff shortages. Out of the 45 court officers assigned to the Lisbon court, only 33 are actively working.
In 2022, Máximo filed a legal case seeking Portuguese citizenship as a descendant of Sephardic Jews expelled during the Inquisition. He argued that due to his serious health conditions, the delay in processing his application could prevent him from obtaining citizenship during his lifetime. “I have prostate cancer, underwent heart surgery, and nearly died from COVID-19. I believe I am entitled to an urgent review of my case. How much longer do I have to live?” he asks.
Máximo’s case is among the more than 420,000 applications awaiting processing at the IRN. Despite court rulings, the IRN has not responded to inquiries. According to documents, Máximo has repeatedly contacted the IRN via email, only to receive the same reply: “The Institute will comply with the ruling once the case is finalized.” In practice, this means the IRN will only act after exhausting all avenues for appeal, regardless of the court’s decisions.
Máximo’s lawyer, João Roseira, stresses that the IRN’s inaction violates procedural rules, as appeals do not suspend the execution of a court ruling. “The judge’s decision must be carried out immediately,” he argues.
Due to his deteriorating health, Máximo has decided to wait for the case’s resolution in Rio de Janeiro, though his ultimate goal is to settle in Portugal. “I want to live there permanently. I’ve already bought a house in Tomar, but I won’t move until I receive my citizenship,” he says. After initially purchasing a property in a seaside area near Tomar, he sold it to move closer to a hospital due to his health concerns.
Máximo asserts that he has submitted all the necessary documentation to the IRN, including proof of Sephardic Jewish ancestry. “I understand that the justice system is under strain, but urgent cases must take precedence. I’ve been waiting nearly three months for the IRN notification, which should have been immediate,” he says.
The Supreme Administrative Court, while not commenting on individual cases, notes that the backlog is not solely the Judiciary’s responsibility. It pointed out that in October and November alone, 21,526 lawsuits were filed against AIMA at the Lisbon court.
Potential for Further Judicialization
Legal experts warn that delays in Portugal’s citizenship process could mirror the situation in Italy. In the past, applicants faced up to 12 years of waiting for consular responses, prompting a flood of lawsuits. Italian courts often ruled in favor of applicants, significantly expediting citizenship grants. According to Fábio Knauer, CEO of Aliança Portuguesa, a similar trend could emerge in Portugal if delays persist. However, lawyer Catarina Zuccaro notes that Portuguese courts currently prioritize urgent cases involving applicants with serious health issues, limiting broader judicial interventions.
In response to similar challenges, Italy introduced measures to deter legal actions by increasing costs. Previously, families could file a single application for citizenship at a fixed fee. Now, the fee is applied individually, making the process more expensive and discouraging mass litigation.
Portugal may eventually adopt similar strategies to manage the growing judicialization of its citizenship processes, but for now, applicants like Máximo must endure significant delays while awaiting resolution.
