Report on Citizenship Law: East Timor (Timor-Leste) oppose the reacquisition, counted from the date of the submission of the application [Article 17 (1) of the Nationality Act]. Per Article 19 of the Nationality Regulation, Articles 13 and 14 apply to the reacquisition procedure. Therefore, the request is directed at the Minister of Justice and submitted before the competent service of the National Directorate for Registries and Notary. Upon submission, the request is subject to a preliminary assessment by the Director of the Department for Civil Central Registry and Citizenship who determines whether the file is complete or not [Article 13 (2) of the Nationality Regulation]. If the file is incomplete, the applicant is notified and given 30 days to add documents, give information or perform any other act that might be required, absent which the application is shelved [Article 13 (4)]. Once the file is complete, the National Director for Registries and Notary has eight days to order the publication of the application in several fora, at the applicant’s expenses [Article 13 (5)], following which the Director sends the file to the Public Prosecutor [Article 13 (6)]. The Public Prosecutor issues its opinion after receiving information from the National Police and the Intelligence Services and sends the complete file to the Minister of Justice who then has 30 days to decide [Article 13 (7) and (8) of the Nationality Regulation]. Per Article 17 (2) of the Nationality Act, all authorities must report to the Public Prosecutor any of the facts likely to constitute grounds for opposition under Article 16 of the Nationality Act and citizens may report such facts if they so wish. If the Minister grants the reacquisition of Timorese citizenship in accordance with a favourable opinion by the Public Prosecutor, the reacquisition is registered in the Citizenship Registry [Article 14 (1) (a) of the Nationality Regulation]. If the Justice Minister decides against the reacquisition, in accordance with the opinion of the Public Prosecutor, the applicant may appeal the decision to the Supreme Court of Justice within 30 days after he or she is personally notified of the decision [Article 14 (1) (b) of the Nationality Regulation]. If the Minister’s decision, either positive or negative, is contrary to the Public Prosecutor’s opinion, the Public Prosecutor must appeal the decision to the Supreme Court of Justice within 30 days [Article 14 (1) (c) of the Nationality Regulation]. Neither the Nationality Act nor the Nationality Regulation clarify whether or not the reacquisition has retroactive effects, i.e. whether or not it returns the individual to the legal situation existing prior to the loss of Timorese citizenship. For instance, it is not clear whether the reacquisition of Timorese citizenship by a former Timorese citizen by birth returns him or her to his/her status as a citizen by birth (eligible to the office of President of the Republic) or whether it is a form of facilitated acquisition which renders him/her ineligible to the office of President of the Republic. Retroactive effects, which are the rule under the 2004 (as were under the 1990) Mozambican Constitution,136 would raise a number of practical difficulties in Timor-Leste, as they would require inter alia the restitution of land which might have been seized by the state and the reinstatement of the former citizen as civil servant in the Public Administration, to mention just the two effects of loss pointed out earlier. 136 Articles 25 (2) and 26 (2) of the 1990 Mozambican Constitution and Article 32 (3) of the 2004 Mozambican Constitution, the latter available at http://www.presidencia.gov.mz/files/republica/ constituicao_republica_moc.pdf [05.02.2017]. RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author 39

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents