Report on Citizenship Law: Portugal move closer to European traditions in this area, led the legislators of 1981 to reduce the role of ius soli. Furthermore, the strong flow of emigrants out of Portugal through the 1960s required greater importance to be given to ius sanguinis as a means of preserving Portuguese citizenship for the children of emigrants and as a substantial human resource for the state (Miranda 2004: 113; Ramos 1994: 117; Jalles 1984: 178). However, if the need to make the Nationality Act consistent with the 1976 Constitution warranted consensus among the political parties with parliamentary representation, the same cannot be said regarding the prevalence of ius sanguinis over ius soli; regarding access to Portuguese citizenship for emigrants and their descendants; or regarding the reacquisition of citizenship by those who had surrendered it voluntarily.29 It was a new perception of Portugal as a small European territory with an emigrant population estimated at more than four million people that led the main political forces, both those in power and in the opposition, to pass a law which had as a key objective the facilitation of the right to Portuguese citizenship for emigrants and their descendants spread around the world. 30 The first break with the previous legislation (which encouraged the prevalence of ius soli) concerns acquisition of citizenship at birth. This was changed to a mixed system, in which greater importance was attached to the role of ius sanguinis and ius soli was restricted. The acquisition of citizenship by the children of Portuguese born abroad (that is, through ius sanguinis) no longer depended on criteria linked to residence in Portugal. A mere expression of intent or the registration of the birth in the Portuguese civil register became sufficient. In addition, since ius soli was no longer considered an autonomous criterion, major changes were made concerning the children of foreigners born in Portugal. In order to prove that the birth in Portugal was not merely by chance, acquisition of citizenship through ius soli became dependent on an expression of intent and the parents having lived in Portugal for a period of not less than 6 years (Ramos 1996: 610). Secondly, the 1976 Constitution enshrined the principle of non-discrimination towards children born out of wedlock (art. 36 (4)) and imposed an end to discrimination between women and men and legitimate and illegitimate children (Ramos 1994: 115; Ferreira 1987: 8). The 1981 Act implemented these provisions regarding the acquisition of citizenship at birth. Thus, ius sanguinis a mater was made fully equal with ius sanguinis a pater, and all cases of parentage were treated in the same way. In addition, the achievement of the principle of equality (art. 13) and the banning of the discrimination between the sexes (art. 36) required changes to the Nationality Act in order to bring an end to the influence of marriage on women’s acquisition or loss of citizenship. The new Nationality Act provided for equality between men and women in acquisition after birth as a result of marriage. Marriage to a Portuguese man or woman no longer resulted in acquisition of citizenship, but instead became just one of the grounds for the voluntary acquisition of Portuguese citizenship. The 1981 Act thus enshrined the principle of citizenship being separate from marriage (Ramos 1996: 622). 29 The government, at the time a centre-right coalition (the Democratic Alliance), upheld the principle of ius sanguinis (Parliamentary Debates, Diary of the Assembly of the Republic 80. 1981: 3162). The Socialist Party (PS), whilst in agreement with the new law that favoured access to nationality for emigrants and their descendants, that is to say the principle of ius sanguinis, also defended the continuation of ius soli (Parliamentary Debates, Diary of the Assembly of the Republic 80. 1981: 3184). The nationality problems resulting from decolonisation and postcolonial immigration and the lack of access to Portuguese nationality by an increasing number of children born in Portugal of Lusophone African origins did not appear to warrant the intervention of any other members of parliament. 30 The reason for this change was defended by the centre-right majority in the following way: [At the end of the Empire, Portugal was] ‘a small territory with strong migratory phenomena’ (speech by Fernando Condesso from the PSD, a party that was part of the majority that supported the Government. (Parliamentary Debates, Diary of the Assembly of the Republic 80. 1981: 3178). RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author 9