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https://curia.europa.eu/juris/document/document_print.jsf?docid=753...
Paragraph 10 of the StbG, in the version that entered into force on 23 March 2006, provides:
‘(1) Save as otherwise provided in this federal law, citizenship may be granted to an alien only
1.
if he has resided lawfully and continuously in federal territory for at least 10 years and been
established there for at least five years;
2.
if he has not, on conviction, received any definitive sentence of imprisonment imposed by a
national or foreign court for one or more offences requiring mens rea, …
3.
he has not received any definitive sentence of imprisonment imposed by a national court for a
financial offence;
4.
if no criminal proceedings are pending against him in respect of an offence requiring mens rea
or a financial offence punishable by a sentence of imprisonment;
…
(2)
Citizenship may not be granted to an alien
…
2.
if he has more than once received a definitive sentence for a serious administrative offence of
particular gravity …
…
(4)
The condition laid down in Paragraph 10(1)(1) [and also] the obstacle to the grant referred to
in Paragraph 10(2)(2) shall not apply
1.
to an alien residing in foreign territory who has possessed citizenship continuously for at least
10 years and has lost it otherwise than by revocation …;
…’.
The relevant provisions of international law
The Universal Declaration of Human Rights
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Article 15 of the Universal Declaration of Human Rights, adopted by the General Assembly of the
United Nations on 10 December 1948, provides that:
‘1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.’
The Convention on the Reduction of Statelessness
15
Article 7 of the Convention on the Reduction of Statelessness, done at New York on 30 August
1961, which entered into force on 13 December 1975, provides as follows:
‘1.(a) If the law of a Contracting State permits renunciation of nationality, such renunciation shall
not result in loss of nationality unless the person concerned possesses or acquires another
nationality;
…
26/05/2021, 10:03