Report on Citizenship Law: Portugal
the abstention of Centre Social Democratic-Popular Party (CDS-PP)45 and Left Block (BE).46
There was not a single dissenting vote. This was an unprecedented majority (80 per cent).
However, neither the original version of the Nationality Act of 1981, nor the several
amendments raised heated debates or political divisions. Quite the opposite: from 1981 until
the present, the Act of 1981 has reflected a broad and consensual understanding among the main
political forces about who is, as well as who should be, Portuguese.47
As a result of this legislative reform the total numbers of acquisitions of Portuguese
citizenship rose dramatically, as we can see below in Figure 1. For example, in 2005
acquisitions in 2005 were slightly more than 3.000, whereas three years later, they already
amounted to more than 24.000.48
This extraordinary development was not due to a significant immigration flow as the
foreign population with legal status actually decreased in 2005. Instead, it was a direct
consequence of this legislative reform that favoured the residence-based mode of citizenship
acquisition. After the adoption of the 2006 reform, the Nationality Law was amended several
times, with the same aim of broadening the opportunities for the acquisition of the Portuguese
nationality.
The Organic Law n. 1/2013, of 29 July was aimed at providing naturalization, with the
exemption of some requirements, to descendants of Portuguese Sephardic Jews. Two years
later, the Organic Law 8/2015, of 22 June introduced new amendments. Their aim was to
establish measures aimed at protecting the community against potentially dangerous members,
in the context of the security measures adopted in almost Members States of the European
Union after the rise of terrorist attacks in Europe. Involvement in activities related to the practice
of terrorism became an exclusionary clause for naturalization-based acquisitions and a ground
for opposition to voluntary acquisition by marriage or civil partnership.
In the following month, the Parliament approved the Organic Law 9/2015 of 29th July.
This law introduced a new category of persons that could acquire Portuguese nationality by
birth: the grandchildren of Portuguese citizens. Its aim was, thus, to reinforce the ties with the
Portuguese communities in the exterior. The changes introduced by this law also apply to
grandchildren of Portuguese citizens who were born abroad on a date prior to its entry in force.
Finally, Organic Law n. 2/2018, of 5th July represented the most important amendment
after the 2006 reform. The amendment involved four important topics, in addition to some
minor changes. First, the most important change concerned the ex lege acquisition at birth in
the form a moderate version of ius soli. Second, naturalization has been facilitated. Third, some
provisions were introduced, aiming at protecting unaccompanied minors entering the territory.
As in other EU Members States, Portugal has faced an increasing number of unaccompanied
children arriving at the borders, especially since 2016. According to the Portuguese law, these
children shall be protected under the National System for Protection of Children and Youngsters
in Danger and be accommodated in legally recognized institutions. A subjective right to their
naturalization was recognised. Finally, new provisions aimed at protecting the principle of legal
certainty were adopted, following some cases that entailed annulation of several nationality
acquisitions.
45
This party did not agree with the elimination of some naturalisation requirements, as we shall address further.
This party wanted the consecration of an unconditional ius soli principle.
47
For a more detailed analysis on the political debate that took place in the political arena, see Carvalhais 2010:
p. 18.
48
https://estatisticas.justica.gov.pt/sites/siej/pt-pt/Paginas/Atos_registos_centrais.aspx
46
RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author
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