January 16, 2026

Judicial action to speed up Portuguese citizenship: how it works and when to use it

If your Portuguese citizenship application has been sitting at the IRN for longer than the legal deadline allows, there is a proven legal solution: a judicial action to compel a decision. This instrument forces the public administration to fulfill its legal duty to decide — and it has a consistent track record of results.

In this article, we explain how this judicial action works, when it should be used, what the requirements are, and what to expect from the process. At ND Advocacia, compelling the IRN to decide on delayed nationality cases is one of our core areas of practice — and the results speak for themselves.

If you are tired of waiting without answers, this article shows the way forward.

In this article:

1. What is the judicial action to compel a decision
1. When to use this action
1. How the judicial process works
1. Results: what to expect
1. Common objections from applicants
1. Why ND Advocacia for this type of action
1. Conclusion

What is the judicial action to compel a decision

The action to compel the practice of a legally due act (intimacao para a pratica de ato devido) is established in Article 109 of the Portuguese Administrative Courts Procedural Code (CPTA). It is a legal instrument that allows citizens to demand, through the courts, that the public administration fulfill its legal duty to decide.

In the context of Portuguese nationality, this action is used when the IRN (Institute of Registries and Notaries) exceeds the legal deadline of 120 working days to decide on a nationality application. The court verifies whether there has been an omission by the administration and, if confirmed, orders the IRN to decide within a specific timeframe.

It is important to understand that this action does not ask the court to grant nationality — that power belongs to the IRN. What the action does is force the IRN to exercise that power within the legal timeframe. This is a fundamental distinction that many people do not immediately grasp.

The judicial action is a citizen’s right, not a confrontation with the administration. It is the legally established way to ensure that public bodies fulfill their obligations — nothing more than that.

When to use this action

The action should be used when two fundamental conditions are met:

The legal deadline of 120 working days has been exceeded: the law establishes that the IRN has 120 working days to decide on nationality applications. If this deadline has passed without a decision, there are grounds for the action.

There is no legitimate justification for the delay: in principle, the administration cannot simply ignore the legal deadline. The only way for the citizen to enforce this right is through judicial channels.

In practice, the vast majority of nationality cases that have been pending for more than 120 working days meet the requirements for this action. The IRN receives an enormous volume of applications and has limited processing capacity, resulting in systematic delays affecting thousands of applicants.

If your application has been in the “pending decision” phase for more than 6 months, there is a very high probability that the legal deadline has already been exceeded. The exact verification of this deadline is the first step of the analysis we carry out at ND Advocacia.

How the judicial process works

The judicial action process is relatively straightforward compared to other types of legal proceedings. The procedure involves the following phases:

Case analysis: verification that the legal deadline has been exceeded and that there are solid grounds for the action. This analysis includes a review of all documentation and the chronology of the application.

Preparation of the petition: drafting a well-founded petition with all documentation proving the excessive delay and violation of the legal deadline. The quality of the petition is fundamental to the outcome.

Filing the action: the action is filed before the competent administrative court. The court notifies the IRN to respond and analyzes the grounds of the request.

Decision: once the omission is verified, the court orders the IRN to issue a decision within a specific timeframe. This court order is binding — the IRN is obligated to comply.

The entire process is handled by ND Advocacia, fully online. The client does not need to attend any hearing, does not need to be in Portugal, and does not need to deal with procedural bureaucracy. All technical work is done by us.

Results: what to expect

The results of judicial actions to accelerate nationality cases have been consistently positive. Portuguese administrative courts recognize that the IRN’s excessive delay violates applicants’ rights and order the practice of the act.

After the court decision, the IRN is obligated to decide on the nationality application within the timeframe set by the court. In our experience, this decision tends to be issued within weeks after the judicial notification — in contrast to the months or years of waiting without the action.

It is important to clarify that the judicial action does not guarantee the approval of the nationality application. What it guarantees is that the IRN decides — it may approve or reject. But having a decision, even a negative one, is always better than waiting indefinitely, because a negative decision can be appealed, while silence cannot.

At ND Advocacia, we have a solid track record in this type of action. We know the courts, the arguments, and the timelines. It is a process that for us is routine — but for our clients represents the end of what is often an agonizing wait.

Common objections from applicants

“Will it anger the IRN and harm my application?” No. The judicial action is a legal right of the citizen. The IRN is obligated to comply with the court decision regardless of any sentiment. In practice, the IRN receives hundreds of these actions and processes them routinely.

“Maybe I should wait a bit longer, perhaps the process will move on its own.” This is the most common objection — and the riskiest. Cases pending at the IRN do not move on their own. Experience shows that without judicial pressure, the tendency is for the delay to continue indefinitely.

“The investment is too high for an action that does not guarantee citizenship.” The action does not guarantee approval, but it guarantees a decision. And having a decision is the first step — without it, you remain in an indefinite limbo. Moreover, the investment in a judicial action is significantly less than the investment of time and lost opportunities during years of waiting.

Why ND Advocacia for this type of action

The judicial action to accelerate nationality cases requires specific technical knowledge of Portuguese administrative law, practical experience with administrative courts, and mastery of procedural details that can determine the success or failure of the action.

At ND Advocacia, this type of action is part of our daily practice. It is not something we do occasionally — it is one of our core areas. We know the arguments that work, the procedural timelines, and the particularities of each court.

The service is 100% online, with a formal contract, direct communication with the attorney, and full case management. You know exactly what is happening at every moment, without needing to worry about technical details.

For us, accelerating nationality cases is routine. For our clients, it is the resolution of a situation that has often been dragging on for years unnecessarily.

Conclusion

Now that you have a clearer understanding of this topic, the next step is simple.

In less than 1 minute, you can find out the exact value of your legal process — no bureaucracy, no commitments, and with full transparency.

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Comments

James Richardson

My citizenship application has been pending for over 2 years. Is this judicial action the only way to force a decision?

Maria Santos

I filed my application in Lisbon but I live in the UK. Can I pursue this action from abroad?

David Chen

Does the court action guarantee that my citizenship will be granted, or just that IRN will make a decision?