Report on Citizenship Law: Portugal 2.2. Citizenship law in the monarchical constitutionalism of the nineteenth century The 1822 Constitution, signed on 23 September, marked the beginning of Portuguese constitutionalism. Regarding acquisition of citizenship at birth, the 1822 Constitution kept the mixed system inherited from the Ordinations of King Philip but also gave a predominant role to ius sanguinis a pater (Ramos 1992: 15). Thus, according to art. 21(I) and (II), children born in Portugal to a Portuguese father (or a Portuguese mother if they were illegitimate) were considered Portuguese. A more important role was given to ius sanguinis, since the children of a Portuguese father (or the illegitimate children of a Portuguese mother) who were born outside Portugal were considered Portuguese, provided they took up residence in Portugal.4 The scope of ius soli was reduced, since children born to a foreign father in Portugal were only considered Portuguese if they lived in Portugal and, upon reaching the age of majority, declared that they wanted to be Portuguese (art. 21(V)). That art. 21(III) considered children of unknown parents found in Portugal to be Portuguese was not a concession to ius soli, but rather a measure against statelessness (Ramos 1992: 21). Lastly, art. 21(V) granted Portuguese citizenship to freed slaves.5 Regarding the acquisition of citizenship after birth, art. 21(VI) of the 1822 Constitution foresaw the need for discretionary naturalisation. Naturalisation could only be granted to foreign adults living on Portuguese soil if they were married to a Portuguese woman, if they had acquired a trading, farming or industrial establishment in Portugal, or if they had performed relevant services to the nation. Art. 23 foresaw two grounds for the loss of Portuguese citizenship: naturalisation in another country or the acceptance, without government permission, of employment, honours or pensions from a foreign government. The 1826 Constitutional Charter, in force for two short periods (1826-1828 and 18341836), was restored in 1842 and remained in force until the republic was declared in 1910. It kept the mixed system of acquisition of citizenship at birth, however, it placed a greater emphasis on ius soli since it considered all those born on Portuguese soil to be Portuguese.6 Ius sanguinis continued to be subject to residence in Portugal. The child of a Portuguese father (or the illegitimate child of a Portuguese mother) was only Portuguese if the father lived in Portugal, except if the father was abroad on the crown’s service. The only way foreseen in the Charter to acquire citizenship after birth was naturalisation, with art. 7(2) referring to an ordinary law to set the conditions for conferment. The Decree of 22 October 1836 foresaw three requirements for the naturalisation of foreign citizens: being at the age of maturity, having completed two years’ residence7 (unless descended from a Portuguese), and having the ability to acquire means of subsistence (art. 1). 4 Residence in Portugal was not required if the father (but not the mother) was abroad on the crown’s service, in which case ius sanguinis was fully applicable. 5 This could be considered acquisition at birth since, legally speaking, the slave was only ‘born’ and became a person, when freed (Ramos 1992: 22). 6 This prevalence of ius soli is due to the influence of the Brazilian constitution, which was its source of inspiration (Ramos 1992: 63). 7 The period of residence could be shortened or dispensed with should the foreign citizen meet one of the following conditions: being married to a Portuguese woman; being politically pursued for his defence of the representative system; having built or improved a road in Portugal; having made a considerable capital investment in banking, commerce or industry; having established himself as an industrialist or trader; having performed relevant services; or having performed acts which benefited Portuguese citizens (art. 4). RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author 3