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2.
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.
3.
Subject to the provisions of paragraphs 4 and 5 of this article, a national of a Contracting State
shall not lose his nationality, so as to become stateless, on the ground of departure, residence abroad,
failure to register or on any similar ground.
4.
A naturalised person may lose his nationality on account of residence abroad for a period, not
less than seven consecutive years, specified by the law of the Contracting State concerned if he fails
to declare to the appropriate authority his intention to retain his nationality.
…
6.
Except in the circumstances mentioned in this article, a person shall not lose the nationality of
a Contracting State, if such loss would render him stateless, notwithstanding that such loss is not
expressly prohibited by any other provision of this Convention.’
16
Article 8 of that convention provides:
‘1.
A Contracting State shall not deprive a person of its nationality if such deprivation would
render him stateless.
2.
Notwithstanding the provisions of paragraph 1 of this article, a person may be deprived of the
nationality of a Contracting State:
(a)
in the circumstances in which, under paragraphs 4 and 5 of article 7, it is permissible that a
person should lose his nationality;
(b)
where the nationality has been obtained by misrepresentation or fraud.
…
4.
A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3
of this article except in accordance with law, which shall provide for the person concerned the right
to a fair hearing by a court or other independent body.’
17
Article 9 of that convention provides that a Contracting State may not deprive any person or group
of persons of their nationality on racial, ethnic, religious or political grounds.
The European Convention on Nationality
18
The European Convention on nationality of 6 November 1997 was adopted under the aegis of the
Council of Europe and entered into force on 1 March 2000. It has been applicable in Austria since
that date and was ratified by the Federal Republic of Germany on 11 May 2005. Article 3 of that
convention provides:
‘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.’
19
In accordance with Article 4 of that convention:
‘The rules on nationality of each State Party shall be based on the following principles:
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