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.
Each State Party shall provide in its internal law for its nationality to be acquired ex lege by the following persons:
a) children one of whose parents possesses, at the time of the birth of these children, the nationality of that State Party, subject to any exceptions which may be provided for by its internal law as regards children born abroad. With respect to children whose parenthood is established by recognition, court order or similar procedures, each State Party may provide that the child acquires its nationality following the procedure determined by its internal law;
b) foundlings found in its territory who would otherwise be stateless.
2.
Each State Party shall provide in its internal law for its nationality to be acquired by children born on its territory who do not acquire at birth another nationality. Such nationality shall be granted:
a) at birth ex lege; or
b) subsequently, to children who remained stateless, upon an application being lodged with the appropriate authority, by or on behalf of the child concerned, in the manner prescribed by the internal law of the State Party. Such an application may be made subject to the lawful and habitual residence on its territory for a period not exceeding five years immediately preceding the lodging of the application.
3.
Each State Party shall provide in its internal law for the possibility of naturalisation of persons lawfully and habitually resident on its territory. In establishing the conditions for naturalisation, it shall not provide for a period of residence exceeding ten years before the lodging of an application.
4.
Each State Party shall facilitate in its internal law the acquisition of its nationality for the following persons:
a) spouses of its nationals;
b) children of one of its nationals, falling under the exception of Article 6, paragraph 1, sub-paragraph a;
c) children one of whose parents acquires or has acquired its nationality;
d) children adopted by one of its nationals;
e) persons who were born on its territory and reside there lawfully and habitually;
f) persons who are lawfully and habitually resident on its territory for a period of time beginning before the age of 18, that period to be determined by the internal law of the State Party concerned;
g) stateless persons and recognised refugees lawfully and habitually resident on its territory.
1.
A State Party may not provide in its internal law for the loss of its nationality ex lege or at the initiative of the State Party except in the following cases:
a) voluntary acquisition of another nationality;
b) acquisition of the nationality of the State Party by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant;
c) voluntary service in a foreign military force;
d) conduct seriously prejudicial to the vital interests of the State Party;
e) lack of a genuine link between the State Party and a national habitually residing abroad;
f) where it is established during the minority of a child that the preconditions laid down by internal law which led to the ex lege acquisition of the nationality of the State Party are no longer fulfilled;
g) adoption of a child if the child acquires or possesses the foreign nationality of one or both of the adopting parents.
2.
A State Party may provide for the loss of its nationality by children whose parents lose that nationality except in cases covered by sub-paragraphs c and d of paragraph 1. However, children shall not lose that nationality if one of their parents retains it.
3.
A State Party may not provide in its internal law for the loss of its nationality under paragraphs 1 and 2 of this article if the person concerned would thereby become stateless, with the exception of the cases mentioned in paragraph 1, sub-paragraph b, of this article.
1.
Each State Party shall permit the renunciation of its nationality provided the persons concerned do not thereby become stateless.
2.
However, a State Party may provide in its internal law that renunciation may be effected only by nationals who are habitually resident abroad.
Article 9. Recovery of nationality
Each State Party shall facilitate, in the cases and under the conditions provided for by its internal law, the recovery of its nationality by former nationals who are lawfully and habitually resident on its territory.
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
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