Legal context
International law
Convention on the Reduction of Statelessness
3Article7(2) of the United Nations Convention on the Reduction of Statelessness, which was adopted in New York on 30August 1961 and entered into force on 13December 1975 (‘the Convention on the Reduction of Statelessness’), provides:
‘A national of a Contracting State who seeks naturalisation in a foreign country shall not lose his nationality unless he acquires or has been accorded assurance of acquiring the nationality of that foreign country.’
The European Convention on Nationality
4The European Convention on Nationality, adopted on 6November 1997 within the framework of the Council of Europe, entered into force on 1March 2000 and has been applicable to the Republic of Austria since that date.
5Under Article4 of that convention, headed ‘Principles’:
‘The rules on nationality of each State Party shall be based on the following principles:
aeveryone has the right to a nationality;
bstatelessness shall be avoided;
…’
6Article7 of that convention, headed ‘Loss of nationality ex lege or at the initiative of a State Party’, provides:
‘1A 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:
avoluntary acquisition of another nationality;
bacquisition of the nationality of the State Party by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant;
…
dconduct seriously prejudicial to the vital interests of the State Party;
…
3A State Party may not provide in its internal law for the loss of its nationality under paragraphs1 and 2 of this article if the person concerned would thereby become stateless, with the exception of the cases mentioned in paragraph1, sub-paragraphb of this article.’
7Article8 of the convention, which is entitled ‘Loss of nationality at the initiative of the individual’, provides, in paragraph1 thereof:
‘Each State Party shall permit the renunciation of its nationality provided the persons concerned do not thereby become stateless.’
8Under Article15 of the European Convention on Nationality:
‘The provisions of this convention shall not limit the right of a State Party to determine in its internal law whether:
aits nationals who acquire or possess the nationality of another State retain its nationality or lose it;
bthe acquisition or retention of its nationality is subject to the renunciation or loss of another nationality.’
9Pursuant to Article16 of that convention:
‘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.’
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.’