Regime jurídico da cidadania de 1946 (incluindo desnacionalização, artigos 13/14)

HISTORICAL decision-makers. Under the 1946 Act the Ministry of the Interior made every absence/withdrawal loss decision ( 1946 Act, Art 13 para 3); the Ministry of Foreign Affairs was the reporting authority for whereabouts under the Art 13 absence conditions; and competence for Art 14(3) citizens-abroad withdrawals and residual cases sat with the courts or the Presidium. Under Dekret 1874/1954 authority concentrated in the Presidium of the Popular Assembly of the People's Republic, which alone deprived citizenship by decree (Neni 8), granted citizenship on request (Neni 3), and authorised release/renunciation (Neni 5) ( Neni 8; Neni 3; Neni 5). None of these organs exercises any power under this route today. MODERN authorities relevant only to a descendant's Neni 6 origin claim: the President of the Republic grants Albanian citizenship; application intake and processing run through the Ministry of the Interior / State Police application offices and the Ministry for Europe and Foreign Affairs (for applicants abroad), per Udhëzim 65/2021 and Udhëzim 271/2021; and judicial review of a citizenship decision lies to the Tirana Administrative Court under Ligj 113/2020 Art 19/1. The historical/modern split must be kept visible: authorities that once deprived under Arts 13/14 or Neni 8 are not the authorities that would today adjudicate a deprivee-descendant's origin claim.

The route's substantive core is involuntary LOSS. Art 13 (absence) was triply conditioned and cumulative: a national continuously resident abroad lost Albanian nationality only if, within fifteen years after completion of his eighteenth year, he (i) performed no duty toward the state, (ii) failed to report to an Albanian diplomatic mission in the last five years, and (iii) failed to inform the Ministry of Foreign Affairs of his whereabouts; the loss EXTENDED to children born and permanently resident abroad, “except a child who satisfies the conditions set forth in the foregoing paragraph” ( 1946 Act, Art 13 para 2). The SIGNATURE legal-precision finding is the clock-never-matured nuance: Art 28 provides the Art 13 time limit “shall begin to run from.. the commencement of this Act” (27.12.1946), so 15 years runs only to December 1961 — yet Dekret 1874 superseded the Act on 7.6.1954. On the statute's own terms NO loss-by-absence could lawfully mature within the Act's life. The textually operable denationalization vehicle of the 1946–54 window was therefore Art 14 withdrawal — Art 14(3) reaching “any person who lives abroad and who commits any act prejudicial to the national and State interests” (the escapee-facing clause), with Art 16(1) extending that loss collectively “to the spouse and the children, unless they are able to prove that they entertain no relations with the person.” After 7.6.1954 the tool shifted to Dekret 1874/1954 Neni 8: deprivation “me dekret të Presidiumit.. për çdo rast të veçantë” (by Presidium decree, for any individual case), with NO enumerated grounds, NO procedure and NO appeal, in force 44 years (1954–1998); Neni 9 rendered residents who could not prove a foreign nationality STATELESS by operation of law ( Neni 8; Neni 9). These are the deprivation instruments of the escapee/exile denationalization practice, operative 1946–1998 and non-operative today.