Explanatory Report (consisting of 148 paragraphs) is a useful source of interpretation of the
obligations deriving from this convention. In respect of the avoidance and reduction of
statelessness, the drafters of the convention took inspiration from the 1961 Convention,
particularly with respect to acceptable rules on loss of nationality. However, in contrast with
the 1961 Convention, the European Convention exclusively accepts the loss of nationality
withstatelessness as a consequence in case of acquisition of this nationality by means of
fraudulent conduct, false information or concealment of any relevant fact attributable to the
applicant. Regarding the right to acquire the nationality of the country of birth by an otherwise
stateless child, the European Convention allows states to require a period of lawful and
habitual residence, whereas the 1961 Convention only allows states to require habitual
residence during the relevant period, which is more favourable.
73.
Only 21 Council of Europe member states acceded to this convention: Albania, Austria,
Bosnia and Herzegovina, Bulgaria, Czech Republic, Denmark, Finland, Germany, Hungary,
Iceland, Luxembourg, Moldova, Montenegro, Netherlands, North Macedonia, Norway,
Portugal, Romania, Slovakia, Sweden, and Ukraine. 7 member states (Croatia, France,
Greece, Italy, Latvia, Malta, Poland) signed the European Convention on Nationality. Andorra,
Armenia, Azerbaijan, Belgium, Cyprus, Estonia, Georgia, Ireland, Liechtenstein, Lithuania,
Luxembourg, San Marino, Serbia, Slovenia, Spain, Switzerland, Türkiye, and the United
Kingdom have neither ratified nor signed it.
74.
Several member states made upon accession a declaration related to the possible
military obligations of multiple nationals (Albania, Bosnia-Herzegovina, Bulgaria, Czech
Republic, Denmark, Finland, Hungary, Moldova, North Macedonia, Norway, Romania,
Slovakia, Sweden, and Ukraine). Moreover, 11 states made reservations to specific nationality
law provisions or made interpretive declarations:
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Austria made several reservations to the provisions of Articles 6, 7, 8 and 9 (the
core articles on acquisition and loss of nationality).
Bulgaria made reservations to the Articles 11 and 12 (decisions on the nationality
of persons should contain reasons in writing and are open to an administrative or
judicial review) and to Articles 16 (renunciation or loss of another nationality should
not be a condition for the acquisition or retention of the state’s nationality where
such renunciation or loss is not possible or cannot reasonable required) and Article
17 (rights and duties of multiple nationals).
Denmark made a reservation to Article 12 (on administrative or judicial review)
because naturalization happens – in conformity with the Danish constitution - by an
act of parliament.
Germany made detailed reservations to the loss provisions of Articles 7 and 8.
Hungary made reservations to Articles 11 and 12.
Montenegro made a reservation to Article 16.
North Macedonia stipulated to reserve the right to require a residence period of
fifteen (15) years as a condition for naturalization instead of the maximum period of
ten (10) years as mentioned in Article 6.
Romania made reservations to Articles 6 and 8 regarding conditions on
naturalization and the conditions for renunciation.
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