Communication from the Ministry of Foreign Affairs No 76 / 2004 Coll. s.

76

Communication

Ministry of Foreign Affairs

The Ministry of Foreign Affairs states that the European Convention on Citizenship was opened in Strasbourg on 6 November 1997.

On behalf of the Czech Republic, the Convention was signed in Budapest on 7 May 1999.

The Parliament of the Czech Republic gave its assent to the Convention and the President of the Republic ratified the Convention. The Ratification Charter of the Czech Republic was deposited with the Secretary-General of the Council of Europe, depositary of the Convention, on 19 March 2004.

When the Convention was ratified, the following declaration was made by the Czech Republic:

"The Czech Republic declares on Article 22 (1) of the Treaty: (b) The Convention that persons who are nationals of the Czech Republic and also nationals of another Contracting State which does not require compulsory military service and have their habitual residence in the territory of that State shall be regarded as having fulfilled their military obligation in relation to the Czech Republic if the said habitual residence has lasted until the age of 35. '

Translation

European Convention on National Citizenship

Preamble

Member States of the Council of Europe and other signatory States of this Convention,

taking into account that the objective of the Council of Europe is to achieve greater unity between its members;

awareness of numerous international documents relating to citizenship, multiple citizenship and stateless persons;

recognising that the legitimate interests of States and individuals in matters relating to citizenship should be taken into account;

wanting to promote the gradual development of legal principles relating to citizenship and their transposition into national law and to avoid cases where persons are stateless as far as possible;

wanting to rule out discrimination in matters relating to national citizenship;

recognising the right to respect for family life, as set out in Article 8 of the Convention on the Protection of Human Rights and Fundamental Freedoms;

Recognising that states approach the issue of multiple citizenship differently and recognising that each State is free to decide on the consequences in its national law of acquiring or having other citizenship;

agreeing that it is desirable to find appropriate solutions to the consequences of multiple citizenship, in particular as regards the rights and obligations of persons with multiple citizenship;

DESIRING that persons who are nationals of two or more Contracting States should be required to fulfil a professional obligation against only one of those Contracting States;

taking into account the need to promote international cooperation between national authorities responsible for citizenship matters,

agree as follows:

Chapter I

General Affairs

Subject matter of the Convention

This Convention lays down the principles and rules concerning the citizenship of natural persons and the rules governing the duty of defence in cases of multiple citizenship with which the national law of the Contracting States must comply.

Definitions

For the purposes of this Convention:

(a) "citizenship" means a legal union between a person and a State and does not mean the ethnic origin of a person;

(b) 'multiple citizenship' means a state in which the same person simultaneously has citizenship of two or more States;

(c) "child" shall mean a person under 18 years of age, provided that, under the law applicable to a child, maturity is not acquired earlier;

(d) "national law" shall mean all kinds of provisions of national law, including the constitution, laws, regulations, decrees, precedence law, ordinary standards and procedures and standards resulting from binding international documents.

Chapter II

General Principles Concerning National Citizenship

Scope of the State

1. Each State shall, under its own law, determine who its national citizens are.

2. This right will be recognised by other States if it complies with applicable international conventions, ordinary international law and generally recognised legal principles as regards citizenship.

Principles

The standards of each Contracting State on citizenship shall be based on the following principles:

(a) everyone has the right to citizenship;

(b) the situation where a person is stateless must be avoided;

(c) no one may arbitrarily be deprived of his citizenship;

(d) the conclusion and termination of marriage between a State citizen of a Contracting State and a foreign citizen, and the change of citizenship of one of the spouses during the duration of the marriage, shall not automatically affect the citizenship of the other.

Non-discrimination

1. The standards of the Contracting State on citizenship may not distinguish or contain a procedure equal to discrimination on grounds of sex, religion, race, colour or national or ethnic origin.

2. Each Contracting State will follow the principle of non-discrimination between its national citizens, whether they have acquired citizenship by birth or later.

Chapter Iii

Rules concerning State Citizenship

Acquisition of citizenship

1. Each Contracting State shall ensure in its national law that its citizenship is legally acquired by the following persons:

(a) children of whom one of the parents has the nationality of that Contracting State at the time of their birth, with exceptions which his national law may provide for in respect of children born abroad. For children for whom paternity is due by recognition, by decision of a court or by similar procedures, each of the Contracting States may provide that the child shall acquire his or her citizenship on the basis of the procedure laid down in its national law;

(b) those found on its territory who would otherwise be stateless.

2. Each Contracting State shall, in its national law, ensure that its citizenship is acquired by children born in its territory who do not acquire another citizenship by birth. Such citizenship will be granted:

(a) by law at birth; or

(b) subsequently to children who have remained without citizenship, at the request of the competent authority of the child concerned or on his behalf in the manner prescribed by the national law of the Contracting State. Such a request may be made conditional on a legitimate and normal permanent stay in its territory, the duration of which shall not exceed five years before the application is submitted.

3. Each Contracting State shall ensure in its national law the possibility of naturalisation of persons legally and normally residing in its territory. When determining the conditions for naturalisation, the stay required for the application may not exceed 10 years.

4. Each Contracting State shall in its national law facilitate the acquisition of citizenship by the following persons:

(a) the spouses of their national citizens;

(b) children whose parents are a national citizen and who are exempted under Article 6 (1) (a);

(c) children whose parents have acquired or acquired their citizenship;

(d) children adopted by his national citizen;

(e) persons born and legally resident in its territory;

(f) persons who, for a certain period of time, were legally and normally resident in its territory before their eighteenth year, the duration of which shall be determined by the national law of the Contracting State concerned;

(g) stateless persons and persons with refugee status legally and normally resident in their territory.

Withdrawal of citizenship by law or at the initiative of a Contracting State

1. A Contracting State may not provide in its national law for its citizenship to cease by law or at the initiative of a Contracting State, except in the following cases:

(a) voluntary acquisition of other citizenship;

(b) the acquisition of citizenship by fraud or on the basis of false information or the concealment of any relevant facts by the applicant;

(c) voluntary service in a foreign army;

(d) conduct seriously damaging the important interests of the State of the contract;

(e) the absence of any real link between the Contracting State and the citizen, usually resident abroad;

(f) if, at the time of the child's minors, it is found that the conditions laid down by national law which led to the acquisition of citizenship by law of a Contracting State are no longer fulfilled;

(g) adoption of a child if the child acquires or has foreign citizenship by one of the adoptive parents or both.

2. A Contracting State may provide that its citizenship is to be renounced by children whose parents are to be renounced, except in the cases referred to in points (c) and (d) of paragraph 1. However, if one of the parents is left with this citizenship, neither are the children.

3. The Contracting State may not, in its national law, provide that its citizenship is to cease under paragraphs 1 and 2 of this Article if, as a result, the person concerned becomes a stateless person, except in the cases referred to in paragraph 1 (b) of this Article.

Withdrawal of citizenship at the initiative of the individual

1. Each Contracting State shall authorise the renunciation of its nationality unless it becomes a stateless person.

2. However, the Contracting State may provide in its national law that citizenship may be renounced only by citizens who usually reside permanently abroad.

Reacquisition of citizenship

Each Contracting State shall facilitate the re-acquisition, in the cases and under the conditions laid down by its national law, of its citizenship by former nationals who are legally and normally resident in its territory.

Chapter Iv

National Citizenship Procedure

Handling of applications

Each Contracting State shall ensure that requests for the acquisition, maintenance, disposal, re-acquisition or verification of its citizenship are handled within reasonable time limits.

Decision

Each Contracting State shall ensure that the decision on the acquisition, maintenance, disposal, re-acquisition or verification of its citizenship is accompanied by a written justification.

Right to review

Each Contracting State shall ensure that decisions on the acquisition, maintenance, disposal, re-acquisition or verification of its citizenship can be reviewed correctly or in a judicial manner under its national law.

Fees

1. Each Contracting State shall ensure that the fees for the acquisition, maintenance, disposal, re-acquisition or verification of its citizenship are adequate.

2. Each Contracting State shall ensure that the fees for administrative or judicial review are not an obstacle to the applicant.

Chapter V

Some State Citizenship

Cases of multiple citizenship by law

1. The Contracting State shall allow:

(a) children who have automatically acquired different citizenship at birth in order to retain such citizenship;

(b) to have additional citizenship for their citizens in cases where such additional citizenship is automatically acquired by marriage.

2. The retention of citizenship referred to in paragraph 1 shall be subject to the relevant provisions of Article 7 of this Convention.

Other possible cases of multiple citizenship

The provisions of this Convention shall not restrict the right of Contracting States to determine by their national law whether:

(a) its nationals who acquire or already have citizenship of another State shall remain or lose their citizenship;

(b) the acquisition or maintenance of his citizenship shall be subject to the renunciation or termination of another citizenship.

Maintaining existing citizenship

The Contracting State shall not make the acquisition or maintenance of its citizenship conditional on the renunciation or renunciation of another citizenship where such renunciation or disposal is not possible or cannot reasonably be requested.

Rights and obligations associated with multiple citizenship

1. State citizens of a Contracting State who still have other citizenship will have the same rights and obligations as other citizens of that Contracting State in the territory of that Contracting State where they reside.

2. The provisions of this Chapter shall not affect:

(a) the standards of international law on diplomatic and consular protection provided by the Contracting State to its citizen, who also has other citizenship;

(b) the application of the standards of private international law to individual contracting States in cases of multiple citizenship.

Chapter Vi

Submission of the State and State Citizenship

Principles

1. In matters of citizenship in the succession of the State, each Contracting State concerned shall respect the principles of the rule of law, the standards on human rights and the principles contained in Articles 4 and 5 of this Convention and in paragraph 2 of this Article, in particular in order to avoid stateless status.

2. In deciding to grant or maintain citizenship in the succession of a State, each Contracting State to which this applies shall take account in particular of:

(a) whether the person concerned has a real and effective link with the State;

(b) the normal permanent residence of the person concerned at the time of the State's succession;

(c) the person concerned;

(d) where the person concerned comes from.

3. Where the acquisition of citizenship is conditional on the loss of another citizenship, the provisions of Article 16 of this Convention shall apply.

Solving the international agreement

In the case of State succession, the Contracting States concerned shall endeavour to resolve matters relating to citizenship by mutual agreement or, where appropriate, in their relations with the other States concerned. Such agreements shall respect the principles and standards contained in this Chapter or referred to in this Chapter.

Principles concerning non-citizens

1. Each Contracting State shall respect the following principles:

(a) citizens of the original State who are habitually resident in the territory over which sovereignty is transferred to the successor State and who have not acquired their citizenship shall have the right to remain in that State;

(b) persons referred to under (a) shall be treated in the same way as citizens of the successor State as regards social and economic rights.

2. Any Contracting State may exclude the persons referred to in paragraph 1 from employment in a public administration involving the exercise of sovereign powers.

Chapter Vii

Branded Obligations by the People's Citizenship

Implementation of a military obligation

1. Persons who are nationals of two or more Contracting States shall be called upon to fulfil their military obligations only against one of those Contracting States.

2. The arrangements for applying paragraph 1 may be established by specific agreements between any of the Contracting States.

3. Except where a specific agreement has been or will be concluded which provides otherwise, the following provisions shall apply to persons who are nationals of two or more Contracting States:

(a) such persons shall have a military obligation towards the Contracting State in whose territory they are habitually resident. However, not later than 19 years of age, they may freely choose to volunteer to fulfil their military obligation against another Contracting State whose citizens they are also, for the entire duration of the actual service, which shall be at least equal to the period of active military service required by the first Contracting State;

(b) persons who have their habitual residence in the territory of the Contracting State of which they are not citizens or in the territory of a State which is not a Contracting State may choose to carry out military service in the territory of any Contracting State of which they are citizens;

(c) if a person fulfils his or her obligation to defend against a Contracting State under the law of that Contracting State in accordance with the rules laid down in (a) or (b), that person shall also be deemed to fulfil his or her obligation to defend against any other Contracting State or other Contracting State, of which or a citizen of which that person is also a citizen;

(d) if, before the entry into force of this Convention, a person has already fulfilled his or her obligation under the law of that Contracting State in respect of the States of which he or she is a citizen, that person shall also be deemed to have fulfilled his or her obligations under the law of that Contracting State in respect of any other Contracting State or any other Contracting State whose or any of the other Contracting States of which that person is also a citizen;

(e) persons who, pursuant to point (a), have complied with their active military service to one of the Contracting States of which they are citizens and then transfer their normal permanent residence to the territory of another Contracting State of which they are citizens shall be subject to a military backup service only to that other Contracting State;

(f) the application of this Article shall in no way affect the citizenship of the persons concerned;

(g) where one of the Contracting States declares mobilisation, the obligations under this Article arising from this Contracting State shall not be binding on it.

Exemptions or civil service

Except where a specific agreement has been or will be concluded which provides otherwise, the following provisions shall apply to persons who are nationals of two or more Contracting States:

(a) Article 21 (3) (c) of this Convention shall apply to persons who have been discharged or performed a civil service;

(b) if a person is a citizen of a Contracting State which does not require a compulsory military service, he or she shall be regarded as having fulfilled his or her military obligation if he or she has a normal permanent residence in the Contracting State. However, this shall not be considered to be a fulfilment of a military obligation in respect of a Contracting State or States of which a person is also a citizen and which require military service if that habitual residence did not last until a certain age of the person whose amount each Contracting State concerned notifies on signature or deposit of its instruments of ratification or accession;

(c) also for persons who are citizens of a Contracting State which does not require a compulsory military service, a military obligation shall be deemed to be fulfilled if they carry out voluntary military service throughout the period of actual service, at least equal to that of an active military service of a Contracting State whose citizens are also citizens, regardless of where they normally reside.

Chapter Viii

Cooperation between Contracting States

1. In order to facilitate cooperation between the Contracting States, their competent authorities shall:

(a) provide the Secretary-General of the Council of Europe with information on his national law on citizenship, including multiple citizenship and stateless persons, as well as on the implementation of the Convention;

(b) to provide each other, on request, with information on their national law on citizenship and on the implementation of the Convention.

2. Within the framework of an appropriate intergovernmental body of the Council of Europe, the Contracting States will cooperate with each other and with the other Member States of the Council of Europe in order to address all major problems and to promote the progressive development of the legal principles and procedures relating to citizenship and related matters.

Exchange of information

Any Contracting State may at any time declare that any other Contracting State which declares the same shall inform, subject to the relevant data protection laws, that citizens of the other Contracting State have voluntarily acquired their citizenship. The declaration may specify the conditions under which the Contracting State provides this information. The declaration may be withdrawn at any time.

Chapter Ix

Application of the Convention

Declaration on the application of the Convention

1. Each State may, when signing or depositing its instruments of ratification or acceptance, approval or accession, declare that Chapter VII is excluded from the application of the Convention.

2. Chapter VII shall apply only in the relations between the Contracting States to which it applies.

3. Any Contracting State may at any later date notify the Secretary-General of the Council of Europe that it will apply the provisions of Chapter VII which it excluded when signing or in its instruments of ratification or acceptance, approval or accession. This notification shall take effect on the date of its adoption.

Effect of this Convention

1. The provisions of this Convention shall not be prejudicial to the provisions of national law and binding international documents which have already entered into force or may enter into force and under which, in the field of citizenship, individuals are granted or admitted rights more favourable.

This Convention shall not prejudice the application of:

(a) the Convention on the reduction of the number of cases of multiple citizenship and of the military obligation in the cases of multiple citizenship of 1963 and its protocols;

(b) other binding international documents if they are compatible with this Convention;

in relations between the Contracting States bound by these documents.

Chapter X

Final provisions

Signature and acquisition

1. This Convention shall be open for signature to the Member States of the Council of Europe and to the non-Member States involved in its development. These States may be bound by their agreement to express:

(a) by signature without reservation of ratification, acceptance or approval; or

(b) by signature, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

The instruments of ratification and acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.

2. For all States which have expressed their agreement to be bound by it, this Convention shall enter into force on the first day of the month following the expiry of three months from the date on which three Member States of the Council of Europe have expressed their agreement to be bound by this Convention in accordance with the provisions of the preceding paragraph.

3. The Convention shall enter into force on the first day of the month following the expiration of three months from the date of signature or deposit of the instrument of ratification or acceptance or approval in respect of any State which subsequently gives its consent to it.

Access

1. After the entry into force of this Convention, the Council of Europe Committee of Ministers may invite any non-Member State of the Council of Europe who did not participate in its preparation to accede to this Convention.

2. In respect of any acceding State, this Convention shall enter into force on the first day of the month following the expiry of the three months following the date of deposit of the instrument of accession with the Secretary-General of the Council of Europe.

Reservations

1. No reservation may be made on any of the provisions contained in Chapters I, II and VI of this Convention. Any State may, at the time of signature or deposit of its instrument of ratification or acceptance, approval or accession, make one or more reservations if they are compatible with the purpose and purpose of this Convention.

2. A State which makes a reservation or reservation shall notify the Secretary-General of the Council of Europe of the relevant content of its national law or communicate any other relevant information to it.

3. The State which has made the reservation or reservation referred to in paragraph 1 shall consider its full or partial appeal as soon as circumstances permit. The appeal shall be made by notification addressed to the Secretary-General of the Council of Europe and shall take effect on the date of its adoption.

4. A State which extends the application of this Convention to the territory referred to in the declaration referred to in Article 30 (2) may, in respect of that territory, make reservations or reservations in accordance with the provisions of the preceding paragraphs.

5. A Contracting State which has made reservations on any of the provisions of Chapter VII of the Convention may not require another Contracting State to apply those provisions unless it itself has adopted those provisions.

Application on a specific territory

1. Any State may, upon signature or deposit of its instrument of ratification or acceptance, approval or accession, expressly designate one or more territories to which this Convention will apply.

2. Any State may, at any time later, extend the application of this Convention to any other territory expressly designated in that Declaration by a declaration addressed to the Secretary-General of the Council of Europe, for whose international contacts it is responsible or on whose behalf it is entitled to undertake. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiry of the three months following the date on which the Secretary-General received such a declaration.

3. Any declaration made pursuant to the preceding two paragraphs may, in respect of any territory in that declaration, be withdrawn by a notice addressed to the Secretary-General of the Council of Europe. The appeal shall take effect on the first day of the month following the expiry of the three months following the date on which the Secretary-General received the notification.

Termination

1. Any Contracting State may at any time terminate the Convention as a whole or only Chapter VII by notifying the Secretary-General of the Council of Europe.

2. The denunciation shall take effect on the first day of the month following the expiry of the three months following the date on which the Secretary-General received the notification.

Notification by the Secretary-General

The Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe, all signatories, all parties and all other States which acceded to this Convention of:

(a) any signature;

(b) the deposit of each instrument of ratification and of acceptance, approval or accession;

(c) any date on which this Convention entered into force pursuant to Article 27 or 28;

(d) any reservation and withdrawal of reservations pursuant to the provisions of Article 29 of this Convention;

(e) any notification or declaration pursuant to Articles 23, 24, 25, 27, 28, 29, 30 and 31 of this Convention;

(f) any other act, notification or communication concerning this Convention.

The Convention entered into force on 1 March 2000 pursuant to Article 27 (2) thereof. For the Czech Republic, it shall enter into force pursuant to paragraph 3 of the same Article on 1 July 2004.

The English version of the Convention and its translation into the Czech language are announced simultaneously.

They have signed this Convention in evidence of the undersigned, having due authority.

Done at Strasbourg, 6 November 1997, in English and French, both texts being equally authentic, in one copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall forward certified copies to each Member State of the Council of Europe, to the non-Member States involved in the elaboration of this Convention and to all States invited to accede to this Convention.

Communication from the Ministry of Foreign Affairs on the European Convention on Citizenship

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