European Convention on Nationality 2

European Convention on Nationality

 

Chapter V – Multiple nationality

Article 14 – Cases of multiple nationality ex lege

1 A State Party shall allow:

a children having different nationalities acquired automatically at birth to
retain these nationalities;

b its nationals to possess another nationality where this other nationality is
automatically acquired by marriage.

2 The retention of the nationalities mentioned in paragraph 1 is subject to the
relevant provisions of Article 7 of this Convention.

Article 15 – Other possible cases of multiple nationality

The provisions of this Convention shall not limit the right of a State Party to
determine in its internal law whether:

a its nationals who acquire or possess the nationality of another State retain
its nationality or lose it;

b the acquisition or retention of its nationality is subject to the renunciation
or loss of another nationality.

Article 16 – Conservation of previous nationality

A State Party shall not make the renunciation or loss of another nationality a
condition for the acquisition or retention of its nationality where such
renunciation or loss is not possible or cannot reasonably be required.

Article 17 – Rights and duties related to multiple nationality

1 Nationals of a State Party in possession of another nationality shall have, in
the territory of that State Party in which they reside, the same rights and
duties as other nationals of that State Party.

2 The provisions of this chapter do not affect:

a the rules of international law concerning diplomatic or consular protection by
a State Party in favour of one of its nationals who simultaneously
possesses another nationality;

b the application of the rules of Private International Law of each State Party
in cases of multiple nationality.

Chapter VI – State succession and nationality

Article 18 – Principles

1 In matters of nationality in cases of State succession, each State Party
concerned shall respect the principles of the Rule of law , the rules concerning
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
statelessness.

2 In deciding on the granting or the retention of nationality in cases of State
succession, each State Party concerned shall take account in particular of:

a the genuine and effective link of the person concerned with the State;

b the habitual residence of the person concerned at the time of State
succession;
c the will of the person concerned;

d the territorial origin of the person concerned.

3 Where the acquisition of nationality is subject to the loss of a foreign
nationality, the provisions of Article 16 of this Convention shall apply.

Article 19 – Settlement by international agreement

In cases of State succession, States Parties concerned shall endeavour to
regulate matters relating to nationality by agreement amongst themselves and,
where applicable, in their relationship with other States concerned. Such
agreements shall respect the principles and rules contained or referred to in
this chapter.

Article 20 – Principles concerning non-nationals

1 Each State Party shall respect the following principles:

a nationals of a predecessor State habitually resident in the territory over
which sovereignty is transferred to a successor State and who have not acquired
its nationality shall have the right to remain in that State;

b persons referred to in sub-paragraph a shall enjoy equality of treatment with
nationals of the successor State in relation to social and economic rights.

2 Each State Party may exclude persons considered under paragraph 1 from
employment in the public service involving the exercise of sovereign powers.

Chapter VII – Military obligations in cases of multiple nationality

Article 21 – Fulfilment of military obligations

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.

Article 22 – Exemption from military obligations or alternative civil service

Except where a special agreement which has been, or may be, concluded provides
otherwise, the following provisions are also applicable to persons possessing
the nationality of two or more States Parties:

a Article 21, paragraph 3, sub-paragraph c, of this Convention shall apply to
persons who have been exempted from their military obligations or have fulfilled
civil service as an alternative;

b persons who are nationals of a State Party which does not require obligatory
military service shall be considered as having satisfied their military
obligations when they have their habitual residence in the territory of that
State Party. Nevertheless, they should be deemed not to have satisfied their
military obligations in relation to a State Party or States Parties of which
they are equally nationals and where military service is required unless the
said habitual residence has been maintained up to a certain age, which each
State Party concerned shall notify at the time of signature or when depositing
its instruments of ratification, acceptance or accession;

c also persons who are nationals of a State Party which does not require
obligatory military service shall be considered as having satisfied their
military obligations when they have enlisted voluntarily in the military forces
of that Party for a total and effective period which is at least equal to that
of the active military service of the State Party or States Parties of which
they are also nationals without regard to where they have their habitual
residence.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

European Convention on Nationality, Private International Law, Rule of law.


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