Ana Rita Gil and Nuno Piçarra 2.5. Decree-Law 308-A/75 of 24 June 1974: the effects of decolonisation on Portuguese citizenship The process of decolonisation which was triggered by the Portuguese Revolution (25 April 1974) led to the creation of five new African countries: Cape Verde, Guinea Bissau, São Tomé e Principe, Angola and Mozambique. Decree-Law 308/75 of 24 June 1975 sought to resolve the impact the creation of these new states had on Portuguese citizenship.25 The Decree-Law governed the issue of losing or retaining Portuguese citizenship by those who had been born or were living in the Portuguese overseas territories which had gained independence. It was assumed that these persons would acquire the citizenship of the new state. The Decree-Law thus merely stipulated that Portuguese citizenship would be retained by those persons who had not been born overseas but were living there (art. 1). In addition were those who, despite having been born in the territory of the colonies, had maintained a special connection with mainland Portugal by having been long-term residents there (art. 2). All those not covered by one of the situations which enabled them to keep Portuguese citizenship would lose it ex lege (art. 4). This legislation raised many questions about its interpretation and implementation. It has generated and continues to generate much case law. It has also been criticised by legal scholars because it led to the ex lege loss of Portuguese citizenship by thousands who had been born or had settled in the newly-independent overseas territories without considering their wishes and their effective links to Portugal. Furthermore, it fostered statelessness, whenever those concerned did not acquire the citizenship of the new state (Ramos 1976: 340; Jalles 1984: 188; Santos 1993: 443). 2.6. Law 37/81 of 3 October 1981: mixed system giving prevalence to ius sanguinis The 1959 Nationality Act remained in force until 1981 despite the fact that, to a certain extent, it contradicted the 1976 Constitution. In 1981, a new Nationality Act was approved in Portugal - Law 37/81 of 3 October, which aimed not only at achieving consistency between the Nationality Act and the Constitution,26 at introducing the principles of non-discrimination27 and of a fundamental right to citizenship,28 but also at profoundly reforming the acquisition of citizenship at birth. However, it did retain some principles, such as avoiding statelessness and the individual’s will in determining citizenship. These reforms were the result of the political and historical contexts of their time. Portugal’s decrease in size after the decolonisation process of the 1970s, as well as the wish to 25 This item of legislation was repealed by Law 113/88, of 29 December 1988. All political parties represented in parliament agreed on the need to make the Nationality Act compatible with the new Constitution. 27 The 1981 Act eradicated any form of discrimination between men and women or children born in or out of wedlock. 28 The concept of nationality as a fundamental right clearly influences the 1981 Nationality Act. On the one hand, it reinforces the role of individual intent when determining nationality, in that nationality acquisition of Portuguese children born abroad (ius sanguinis), children of foreigners born in Portugal (ius soli) as well as after birth (filial and spousal transfer) now depend on a declaration of intent by the person in question (Ramos 1992: 119). On the other hand, as explained above, it decisively influences the legal provisions for the loss of nationality, which now depend on a declaration of intent by the person concerned. 26 8 RSCAS/GLOBALCIT-CR 2020/1- © 2020 Author