Frequently Asked Questions
1. Is the objective of this initiative to change the law or to obtain compensation?
According to the legal team, the courts cannot directly rewrite or reverse legislation.
However, legal actions may seek recognition that the State’s conduct caused harm to affected individuals and investors, potentially leading to compensation for damages suffered.
At the same time, large-scale legal proceedings may generate political, institutional, and public pressure that could encourage the Government to adopt corrective measures or transitional solutions.
In simple terms: while the legal action itself is not designed to rewrite the law, it may contribute to creating the conditions for a negotiated or legislative solution.
2. Could a negotiated solution allow affected individuals to remain under the previous rules?
Yes.
During the webinar, the legal team explained that a negotiated solution allowing affected individuals to benefit from the framework that existed when they made their investment or relocation decisions would be considered a highly positive outcome.
In international investment disputes, negotiated settlements are not uncommon and may occur before a final decision is issued.
3. What types of damages could potentially be considered?
The legal analysis presented during the webinar suggests that damages may extend beyond direct financial losses.
Depending on the circumstances of each case, potential damages may include:
- Costs related to the investment itself;
- Relocation and settlement expenses;
- Immigration-related costs;
- Delays in obtaining nationality;
- Future losses resulting from the legislative changes;
- Other consequences directly linked to decisions made in reliance on the previous legal framework.
Each case will ultimately depend on its individual facts and legal assessment.
4. Does joining this initiative prevent me from pursuing my own legal strategy?
No.
The legal team confirmed that participation in a collective initiative is generally not incompatible with pursuing individual legal actions.
Affected individuals may continue to work with their own lawyers and evaluate other legal avenues available to them.
5. Who should register their interest?
Anyone who believes they may have been affected by the recent changes to Portugal’s nationality framework may wish to register.
This includes individuals who:
- Relocated to Portugal based on the previous rules;
- Invested in Portugal with nationality as a key consideration;
- Hold residence permits affected by the legislative changes;
- Wish to receive updates regarding legal developments and future initiatives.
Registering interest does not create any legal obligation.
6. What is the role of Bilateral Investment Treaties (BITs)?
For certain investors, Bilateral Investment Treaties may provide an additional avenue for international legal protection.
The legal team indicated that BIT-based arbitration may offer specific advantages, including:
- Individual assessment of each investor’s circumstances;
- International dispute resolution mechanisms;
- Potentially faster timelines than domestic collective actions.
Eligibility depends on the investor’s nationality and the existence of an applicable treaty.
7. Does third-party litigation funding control the legal strategy?
No.
The legal team explained that any litigation funder involved would not control legal decisions, settlement discussions, or case strategy.
Strategic decisions remain with the parties leading the initiative and their legal representatives.
8. Is there a strong legal basis for these claims?
The legal team believes there are serious legal arguments worth pursuing.
Among the principles discussed during the webinar were:
- Protection of legitimate expectations;
- Legal certainty;
- Predictability of the legal framework;
- Fair and equitable treatment of investors and residents.
These principles may form part of the legal foundation for future proceedings.
9. What was the main message of the webinar?
The central message was clear:
While no specific outcome can be guaranteed, the legal team believes there is a credible legal basis to challenge the impact of the recent legislative changes and to seek remedies through available legal channels.
Whether through litigation, arbitration, negotiation, or future political developments, the objective is to protect the rights and legitimate expectations of those who made important life and investment decisions based on the legal framework that existed at the time.
