Ana Rita Gil and Nuno Piçarra
naturalisation. Such a right is also recognised for minors. In some circumstances, naturalisation
is allowed even if residence in Portuguese territory is not legal.
The Portuguese Constitution uses the term ‘citizenship’, instead of ‘nationality’.
However, the Portuguese statutory act is called the ‘Nationality Act’. This is despite the
criticisms of several scholars regarding the disparity between the statutory terminology and the
Constitution (Silva 2004: 96). The term ‘citizenship’ is considered to be more neutral from
cultural and historical points of view (Silva 2004:19), since the term ‘nationality’ recalls the
nationalist philosophy of the New State period, which the post-revolutionary Constitution of
1976 aimed to avoid. Some legal scholars also argue that the term ‘nationality’ is less concise
(Miranda 2004:99), since it describes belonging to a nation, and not to a state. The term
‘citizenship’, therefore, would give more relevance to public participation in a democratic state.
Furthermore, the exact meaning of these two concepts is not the same. Nationality is a broader
concept than citizenship, as the legal person and some property (such as ships and aircrafts) can
posses a nationality, but citizenship can only be possessed by people. From a different point of
view, however, the citizenship concept can be broader than the concept of nationality. In
Portugal there are some statuses of quasi-citizenship by which citizenship rights are given to
people who do not have Portuguese nationality. This is the case of nationals of Lusophone
countries living in Portugal who enjoy wide-ranging rights as far as political participation and
access to public office are concerned. The movement towards a concept of citizenship which is
disengaged from nationality goes beyond this special status. Any alien who resides in Portugal
has the right to vote and be elected in local government elections, according to art. 15(4) of the
Constitution, provided that there is reciprocity so that Portuguese citizens can enjoy equivalent
voting rights in the alien’s country of citizenship. Normally, however, the two terms are used
synonymously. In this report we will use the term citizenship, as this is a more accurate term in
a juridical context, when referring to the status of full membership in a democratic state.
2. Historical background
2.1 The roots of Portuguese citizenship law: the 1603 Ordinations of King Philip
The 1603 Ordination or compilation of legislation, ordered by King Philip, led to the first legal
arrangements for citizenship in Portugal (Title LV of the Second Book). Only the acquisition
of citizenship at birth was regulated, and this established a mixed system which gave prevalence
to ius soli. Children with Portuguese fathers (ius sanguinis a pater3) were only Portuguese if
they were born in Portugal (both ius soli and ius sanguinis); if they were born abroad they were
not Portuguese unless their father (or mother, if the child was illegitimate) was in the king’s or
the crown’s service.
On the other hand, pure ius soli was not present. Legitimate children born in Portugal to
a foreign father were only Portuguese if the father had been living in Portugal for at least ten
years and had property there (Ramos 1992: 7-13; Gonçalves 1929: 511).
3
Ius sanguinis a mater was only relevant if the child was illegitimate. Discrimination against nationality being
passed on by the mother influenced Portuguese law until 1976, when the III Portuguese Republic enshrined the
principle of spousal equality and equality of children born in and outside wedlock (art. 36 of the Constitution).
2
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