Ana Rita Gil and Nuno Piçarra
Thus, this reform has made naturalisation more appealing since the applicants became
entitled to acquire citizenship once they meet the respective requirements. Also, these
requirements were greatly changed by the reform. Some of them were eliminated (such as the
link to the Portuguese community and the existence of sufficient means of subsistence); others
were clarified, withdrawing some discretion from the authorities (such as the requirement of
decent moral and social behaviour, which was replaced by the absence of conviction for a crime
which carries a prison sentence of three years or more according to Portuguese law); and,
finally, others were simplified (such as the residency requirement, which was reduced from ten
to six years). These reforms caused an increase in the number of foreigners eligible to obtain
citizenship through naturalisation.
Juridical reasons also demanded several changes to Law 37/81. First, the law needed
amending in order to fully integrate the European Convention on Nationality,34 especially its
art. 5(1), which forbids discrimination on grounds of national origin, and art. 6 (3)(e) and(f),
which considers the acquisition of citizenship by those who were born in and legally reside in
a certain territory. Finally, the wording of several articles needed to be clarified. The references
to territories under Portuguese administration had to be removed.35 Furthermore, the former
version used the term ‘valid residence permit’ as a requirement for some modes of acquisition
of citizenship. This concept needed to be clarified, as it implied a permanent link with
immigration law. This caused some constitutional problems36 and raised some doubts about the
type of the permit required37 and its application to the citizens of the European Union.38
The government39 and the main political parties – Left Block (BE),40 the Greens,41
Portuguese Communist Party (PCP),42 Social Democratic Party (PSD)43 and Centre Social
Democratic-Popular Party (CDS-PP)44 – all presented different proposals for amending Law
37/81. They all agreed that the ius soli principle should be favoured, especially for immigrants
of the third generation, and that a subjective right to naturalisation with clear requirements
should be created. The result was an act with inclusive criteria which profoundly amended Law
37/81. Organic Law 2/2006 of 17th April was approved with the votes of the governing party
(Socialist Party - PS), Social Democratic Party (PSD), Portuguese Communist Party (PCP), and
34
Portugal signed the European Convention on Nationality in 6 November 1997. It was approved by the parliament
through the Resolution of the Assembly of the Republic n. 19/2000, and ratified by the Decree of the President of
the Republic n. 7/2000. It was published in the Official Journal I-A, no. 55, of 6 March 2000. The Convention
entered in force in Portugal on 1 February 2002.
35
Since the transfer of the administration of Macau to the People’s Republic of China in December 1999, there are
no more such territories.
36
According to the Portuguese Constitution, the acquisition of Portuguese citizenship is a subject under the
exclusive competence of the parliament and the statutory discipline must take the form of an ‘Organic Law’. The
Constitution does not demand such requirements for immigration legislation. The full respect of the
parliamentary reserve demands that the nuclear aspects of the citizenship regime be fully regulated by an
Organic Law of the Parliament. Thus, a requirement for the acquisition of citizenship should not be dependent on
immigration law, which can be a governmental act.
37
According to the immigration law in force, there are two types of residence permit (temporary and permanent).
From this arose a doubt about whether both types were relevant for the acquisition of citizenship (Silva
2004:123).
38
These citizens do not need a ‘valid residence permit’ in order to reside in Portugal.
39
Bill n. 32/X/1.
40
Bill n. 18/X/1.
41
Bill n. 31/X/1.
42
Bill n. 40/X/1.
43
Bill n. 170/X/1.
44
Bill n. 173/X/1.
12
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