European Convention on
Nationality
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:
Article 1
This Convention establishes principles and rules relating to the nationality
of natural persons and rules regulating military obligations in cases of
multiple nationality, to which the internal law of States Parties shall
conform.
Article 2
For the purpose of this Convention:
a) „nationality” means the legal bond between a person and a State
and does not indicate the person’s ethnic origin;
b) „multiple nationality” means the simultaneous possession of two or
more nationalities by the same person;
c) „child” means every person below the age of 18 years unless, under
the law applicable to the child, majority is attained earlier;
d) „internal law” means all types of provisions of the national legal
system, including the constitution, legislation, regulations, decrees,
case-law, customary rules and practice as well as rules deriving from binding
international instruments.
GENERAL
PRINCIPLES RELATING TO NATIONALITY
Article 3
1. Each State shall determine under its own law who are its nationals.
2. This law shall be accepted by other States in so far as it is consistent
with applicable international conventions, customary international law and the
principles of law generally recognised with regard to nationality.
Article 4
The rules on nationality of each State Party shall be based on the following
principles:
a) everyone has the right to a nationality;
b) statelessness shall be avoided;
c) no one shall be arbitrarily deprived of his or her nationality;
d) neither marriage nor the dissolution of a marriage between a
national of a State Party and an alien, nor the change of nationality by one of
the spouses during marriage, shall automatically affect the nationality of the
other spouse.
Article 5
1. The rules of a State Party on nationality shall not contain distinctions
or include any practice which amount to discrimination on the grounds of sex,
religion, race, colour or national or ethnic origin.
2. Each State Party shall be guided by the principle of non-discrimination
between its nationals, whether they are nationals by birth or have acquired its
nationality subsequently.
Article 6
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.
Article 7
Loss
of nationality ex lege or at the initiative of a State Party
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.
Article 8
Loss
of nationality at the initiative of the individual
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
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.
PROCEDURES
RELATING TO NATIONALITY
Article 10
Each State Party shall ensure that applications relating to the acquisition,
retention, loss, recovery or certification of its nationality be processed
within a reasonable time.
Article 11
Each State Party shall ensure that decisions relating to the acquisition,
retention, loss, recovery or certification of its nationality contain reasons
in writing.
Article 12
Each State Party shall ensure that decisions relating to the acquisition,
retention, loss, recovery or certification of its nationality be open to an
administrative or judicial review in conformity with its internal law.
Article 13
1. Each State Party shall ensure that the fees for the acquisition,
retention, loss, recovery or certification of its nationality be reasonable.
2. Each State Party shall ensure that the fees for an administrative or
judicial review be not an obstacle for applicants.
Article 14
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.
STATE
SUCCESSION AND NATIONALITY
Article 18
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;