Ana Rita Gil and Nuno Piçarra
(and therefore from the date of loss of Portuguese citizenship), without affecting the validity of
previously established legal implications based on another citizenship. The intention was to
consider of Portuguese origin the children of emigrants who were born after the loss of
Portuguese citizenship resulting from the 1959 Law. This new arrangement allows for children
who were born after the automatic loss of Portuguese citizenship by their parents, to acquire
citizenship of origin if they state that they want to be Portuguese or if they register their birth
with the Portuguese Civil Registry, in accordance with the terms of art. 1(1)(c) of the
Nationality Act.
3.2. Specific rules and status
Dual citizenship
Portugal has not signed any international conventions which prevent dual citizenship. The 1981
Nationality Act shook off the principle that a person should only have the citizenship of one
country and that the acquisition of a foreign citizenship should lead to the loss of Portuguese
citizenship (Ramos 1994: 136). Furthermore, access to Portuguese citizenship is never subject
to the loss of any foreign citizenship which the person in question might hold, which means that
the two citizenships may co-exist. The Nationality Act merely sets out rules to resolve conflicts
when dual citizenship occurs. Thus, should a person hold both foreign and Portuguese
citizenship, only the latter is taken into consideration by Portuguese law (art. 27 of the
Nationality Act).
Citizenship rights of those who were born as citizens and those who acquire citizenship
after birth
People who have acquired Portuguese citizenship after birth enjoy the same status as those who
acquired it at birth, except for eligibility to become the President of the Republic. Art. 122 of
the Constitution sets out that only citizens of Portuguese origin, i.e., who acquired Portuguese
citizenship at birth, are eligible to become President of the Republic. However, those who
acquired citizenship after birth enjoy more favourable arrangements as far as military duties are
concerned, in that they are excused from national service should they acquire Portuguese
citizenship upon their eighteenth birthday or later (art. 38(3)(a) of Law 174/99 of 21
September).
Expatriates and former Portuguese citizens
Reinforcing the ties between the country and the Portuguese citizens residing abroad was
considered to be an important aspect of the new citizenship legislation.
Art. 14 of the Constitution sets out that ‘Portuguese citizens who temporarily or
habitually reside abroad shall enjoy the protection of the state in the exercise of their rights, and
shall be subject to such duties as are not incompatible with their absence from the country’.
Birth or prior residence in the country is not a condition for granting voting rights to expatriates.
If Portuguese residents abroad are registered with the consulate for electoral purposes, or are in
Portuguese territory, they can vote and stand for parliamentary and presidential elections.81 To
81
However, according to art. 121(2) of the Portuguese Constitution, the law which allows the right to vote to
Portuguese citizens who reside abroad pays due regard to the existence of ties that effectively link them to the
Portuguese community.
26
RSCAS/GLOBALCIT-CR 2020/1- © 2020 Author
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