Preamble
The member States of the Council of Europe and the other States signatory to this Convention,
Considering that the aim of the Council of Europe is to achieve greater unity between its members;
Bearing in mind the numerous international instruments relating to nationality, multiple nationality and statelessness;
Recognising that, in matters concerning nationality, account should be taken both of the legitimate interests of States and those of individuals;
Desiring to promote the progressive development of legal principles concerning nationality, as well as their adoption in internal law and desiring to avoid, as far as possible, cases of statelessness;
Desiring to avoid discrimination in matters relating to nationality;
Aware of the right to respect for family life as contained in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;
Noting the varied approach of States to the question of multiple nationality and recognising that each State is free to decide which consequences it attaches in its internal law to the fact that a national acquires or possesses another nationality;
Agreeing on the desirability of finding appropriate solutions to consequences of multiple nationality and in particular as regards the rights and duties of multiple nationals;
Considering it desirable that persons possessing the nationality of two or more States Parties should be required to fulfil their military obligations in relation to only one of those Parties;
Considering the need to promote international co-operation between the national authorities responsible for nationality matters,
Have agreed as follows:
1.
Persons possessing the nationality of two or more States Parties shall be required to fulfil their military obligations in relation to one of those States Parties only.
2.
The modes of application of paragraph 1 may be determined by special agreements between any of the States Parties.
3.
Except where a special agreement which has been, or may be, concluded provides otherwise, the following provisions are applicable to persons possessing the nationality of two or more States Parties:
a) Any such person shall be subject to military obligations in relation to the State Party in whose territory they are habitually resident. Nevertheless, they shall be free to choose, up to the age of 19 years, to submit themselves to military obligations as volunteers in relation to any other State Party of which they are also nationals for a total and effective period at least equal to that of the active military service required by the former State Party;
b) Persons who are habitually resident in the territory of a State Party of which they are not nationals or in that of a State which is not a State Party may choose to perform their military service in the territory of any State Party of which they are nationals;
c) Persons who, in accordance with the rules laid down in paragraphs a and b, shall fulfil their military obligations in relation to one State Party, as prescribed by the law of that State Party, shall be deemed to have fulfilled their military obligations in relation to any other State Party or States Parties of which they are also nationals;
d) Persons who, before the entry into force of this Convention between the States Parties of which they are nationals, have, in relation to one of those States Parties, fulfilled their military obligations in accordance with the law of that State Party, shall be deemed to have fulfilled the same obligations in relation to any other State Party or States Parties of which they are also nationals;
e) Persons who, in conformity with paragraph a, have performed their active military service in relation to one of the States Parties of which they are nationals, and subsequently transfer their habitual residence to the territory of the other State Party of which they are nationals, shall be liable to military service in the reserve only in relation to the latter State Party;
f) The application of this article shall not prejudice, in any respect, the nationality of the persons concerned;
g) In the event of mobilisation by any State Party, the obligations arising under this article shall not be binding upon that State Party.
Inhoudsopgave
European Convention on Nationality
+ CHAPTER I. GENERAL MATTERS
+ CHAPTER II. GENERAL PRINCIPLES RELATING TO NATIONALITY
+ CHAPTER III. RULES RELATING TO NATIONALITY
+ CHAPTER IV. PROCEDURES RELATING TO NATIONALITY
- CHAPTER V. MULTIPLE NATIONALITY
- CHAPTER VI. STATE SUCCESSION AND NATIONALITY
- CHAPTER VII. MILITARY OBLIGATIONS IN CASES OF MULTIPLE NATIONALITY
+ CHAPTER VIII. CO-OPERATION BETWEEN THE STATES PARTIES
+ CHAPTER IX. APPLICATION OF THE CONVENTION
+ CHAPTER X. FINAL CLAUSES
Juridisch advies nodig?
Heeft u een juridisch probleem of een zaak die u wilt voorleggen aan een gespecialiseerde jurist of advocaat ?
Neemt u dan gerust contact met ons op en laat uw zaak vrijblijvend beoordelen.

Stel uw vraag
Geschiedenis

Geschiedenis-overzicht
Jurisprudentie
Voorbeelden van het gebruik van deze artikel(en) in rechterlijke uitspraken