European Union law
10Article20 TFEU states:
‘1.Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
2.Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:
(a)the right to move and reside freely within the territory of the Member States;
…’
Austrian law
11Paragraph10 of the Staatsbürgerschaftsgesetz 1985 (1985 Austrian Law on Citizenship) (BGBl. 311/1985), in the version applicable to the dispute in the main proceedings (‘the StbG’), provides:
‘(1)Except as otherwise provided for in the present federal law, citizenship may be granted to an alien only if
…
6.on the basis of his conduct hitherto, the alien guarantees that he has a positive attitude towards the Republic and neither represents a danger to law and order or public security nor endangers other public interests as referred to in Article8(2) of the [European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4November 1950];
…
(2)An alien may not be granted citizenship
…
2.if he has been the subject of more than one enforceable conviction for a serious administrative offence of a particular degree of gravity…
…
(3)An alien possessing foreign nationality may not be granted citizenship if he
1.fails to take the necessary steps to relinquish his former citizenship even though such steps are possible and reasonable for the alien…
…’
12Paragraph20(1) to (3) of the StbG provides:
‘(1)An alien shall be given an assurance that citizenship will be granted to him in cases where, within two years, he provides proof of having relinquished the citizenship of his former State of origin, if
1.he is not stateless;
2.… and
3.that assurance makes possible or could facilitate his relinquishing of the citizenship of his former State of origin.
(2)The assurance as to the grant of citizenship shall be revoked if the alien no longer fulfils any one of the requirements laid down for that grant, with the exception of point7 of Paragraph10(1).
(3)The citizenship the grant of which has been assured shall be granted as soon as the alien
1.relinquishes the citizenship of his former State of origin;
2.gives proof that he was unable or could not reasonably be expected to take the necessary steps to relinquish the former citizenship of a State.’