Ana Rita Gil and Nuno Piçarra
4. Current political debates and reform plans
Since the entry into force of the new legislation, concerns about access to citizenship and
citizenship rights were again discussed by the political parties in 2008. First, at the end of 2008
the Centre Social Democratic-Popular Party (CDS-PP) presented a new bill to amend the
Nationality Act.109 Its main objective was to add two more requirements for naturalisation
(namely, knowledge about fundamental values of the Portuguese society and sufficient means
of subsistence). The CDS-PP also proposed that the crimes precluding the acquisition of
nationality after birth should comprise those which carried a prison sentence of one year or
more (instead of the current three years).110 Furthermore, the party proposed the suspension of
the acquisition procedure during a pending criminal procedure in which the applicant was a
suspect, regardless of the penalty foreseen by the law. This bill was not approved by the
parliament.111
Second, the Social Democratic Party (PSD) presented a bill concerning the citizenship
rights of expatriates.112 One of the suggestions was to allow the acquisition of Portuguese
citizenship by the grandchildren of expatriates through a simple expression of intent. The other
political parties claimed that this arrangement was already possible through naturalisation.
Allowing such an acquisition through a declaration would open access to Portuguese citizenship
to those who had no effective link to Portugal.113 It would also widen the political, educational
and cultural rights of expatriates. This bill was also not approved.
Also in 2008, another debate took place in the political arena concerning the citizenship
rights of expatriates. The President of the Republic exercised his right of veto regarding an
amendment to the electoral law of the parliament.114 This amendment would have imposed a
vote in person for Portuguese voters residing abroad, who previously could vote by
correspondence. The president decided not to promulgate this law, since it would violate
national imperatives for reinforcing the ties between the country and its citizens residing abroad,
erode the citizenship rights of the expatriates, and promote the abstention from civic
participation of the Portuguese community.115
In a study published in 2011 by the Observatory on Immigration, Claire Healey raised
some questions that might characterise the future debates on the citizenship policy. She stresses
that Portugal must develop naturalisation campaigns and attract foreigners for acquiring the
Portuguese citizenship, especially the nationals of other European member sates, whose
naturalisation rate is still very low. Moreover, she suggests some topics of reflexion, such as
the reinforcement of the ius soli principle for the second generation of immigrants, the
automatic transfer of citizenship to spouses and minor children and the creation of a subjective
right to naturalisation by those who reside in Portugal for over ten years, even if illegally.
Nevertheless, it seems that the debates that take place in the political arena still focus
mainly on reinforcing ties with the communities of Portuguese expatriates. Regarding the
109
Bill n. 592/X (4.ª), 2 October 2008.
The objective was to adjust the Nationality Act in accordance with the immigration law. According to the latter,
if the applicant has been convicted for a crime which carries a prison sentence of one year or more, then he or she
can not acquire a permanent residence permit (art. 80(1)(b) of Law 23/2007 of 4 July).
111
Parliamentary Debates, Diary of the Assembly of the Republic 25, 2008: 35. For more details, see Carvalhais
2010: 21.
112
Bill n. 482/X (3.ª) (Framework Law of the Portuguese Citizenship abroad).
113
Parliamentary Debates, Diary of the Assembly of the Republic 70, 2008: 41.
114
Decree n. 261/X of the Assembly of the Republic.
115
Message of the President of the Republic, Diary of the Assembly of the Republic – II Series A 65, 2009: 2
110
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