Ana Rita Gil and Nuno Piçarra
The implementation of citizenship laws requires another legislative act. It is currently a
government act, Decree-law 237-A/2006 of 14 December, which establishes the conditions of
Nationality Regulation94.
Institutional arrangements
In Portugal, only the central authorities are competent to implement citizenship law. The 2006
reform transferred the competence on naturalisation from the Ministry of Home Affairs (and
the Aliens and Borders Service) to the Ministry of Justice. As Isabel Carvalhais points out, ‘the
passage from the Ministry of Internal Affairs to the Ministry of Justice holds an important
political meaning. Frequently pro-immigrants’ rights organisations have called attention to the
fact that keeping matters on the acquisition of nationality by foreigners under the Ministry of
Internal Affairs, more specifically under the control of the ABS, which is a police force, was a
negative sign that revealed how the state was still looking at potentially new citizens not as
potential nationals but as aliens, thus as external matters to be treated by the instruments of
national security. Instead, acquisitions of nationality should be under the umbrella of the
Ministry of Justice, as this is after all the ruling ministry for any other Portuguese citizen who
might have issues about his or her nationality’.95
The Registrar of the Central Registry Office has broad-ranging powers in the domain of
citizenship. First, he or she must issue an opinion on any issues related to citizenship if these
have been submitted by the consulates, in the case of doubt regarding the Portuguese citizenship
of those who wish to be enrolled or registered at the consulate (art. 23 of the Nationality Act).
Second, the Registrar can issue Portuguese citizenship certificates upon application (art. 24).
Third, the Registrar of the Central Registry Office must inform the Public Prosecutor about any
issues which could lead to opposition to the acquisition of citizenship after birth, by declaration
or adoption (art. 57(7) of the Nationality Regulation).
The Nationality Act allows for a system of judicial appeal against any act concerning
the acquisition and loss of citizenship. Both the interested person and the Public Prosecutor
have the right to appeal the decisions taken by authorities in matters of citizenship before the
administrative courts (with no deadline) (art. 26 of the Nationality Act and art. 61 of the
Nationality Regulation).
The procedures and registry
The effectiveness of all activities related to the granting, acquisition and loss of citizenship
depends on registration. Furthermore, if the acquisition of nationality by birth has effect from
the time of the birth (art. 11 of the Nationality Act), the other forms of acquiring citizenship
only have effect from the date of the registration (art. 12 of the Nationality Act).
All acts related to the acquisition and loss of citizenship are subject to registration on
the Central Register of Citizenship, which is managed by the Central Registry Office (art.16 of
the Nationality Act). Declarations required for granting Portuguese citizenship by ius sanguinis
are subject to registration when the birth is abroad. The same goes for acquisition after birth
94
This act was already amended several times. Last version corresponds to the amendments made by DecreeLaw n. 71/2017, of 2nd June.
95
Carvalhais 2010: 16.
32
RSCAS/GLOBALCIT-CR 2020/1- © 2020 Author
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