An important but little-known international agreement, signed by 29 European countries almost 30 years ago, established common principles for the rules for acquiring (or losing) citizenship, as well as for the rights and duties associated with dual (or multiple) nationalities.
It was signed in 1997, in Strasbourg, within the scope of the Council of Europe, it is called ““, or “European Convention on Nationality”, and few know about it.
It is designed to provide a general picture about the acquisition, conservation, loss and the recovery of nationalityincluding in the context of the significant geopolitical changes that occurred in the 1990s, particularly in Europe.
The agreement also clarifies the military obligations of people with multiple nationalities — an increasingly relevant topic at a time when countries like Germany and France are discussing the reintroduction of compulsory military service.
As explained to the journalist specializing in European Union affairs Claudia Delperothe 1997 Convention was based on a previous one, from 1963, based on the idea that “multiple nationality was undesirable and should be avoided as much as possible”, as stated in the respective explanatory report.
The convention recognized, however, that the increase in labor migration in Europe, the growth in the number of mixed marriages, freedom of movement within the EU and a greater equality between men and women made the previous convention outdated.
According to the teacher Maarten Vinkholder of the chair of Citizenship Studies at the Robert Schuman Center, of the European University Institute, in Florence, the Convention “introduced a new approach to multiple nationalitywhich was previously restricted by the 1963 Convention, but has come to be increasingly seen as a demographic reality in the context of gender equality and families of mixed origin, in which both parents can transmit their citizenship to their children”.
The Convention “takes a neutral rather than restrictive approach”, maintains Vink, and simultaneously assures “some basic patterns in the field of nationality for new democracies emerged in the East European since 1989, as well as some harmonization of the basis for acquisition and loss of nationality in different European States, in the context of long-term migratory flows”.
Which countries have signed the Convention?
The convention was signed by 33 European countries: Albania, Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Malta, Moldova, Montenegro, Netherlands, North Macedonia, Norway, Poland, PortugalRomania, Serbia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and Russia.
Eight European countries (Russia, France, Greece, ItalyCroatia, Latvia, Malta, Poland) signed the convention, but they did not ratify itso the text is not binding in those countries. Furthermore, in 2022, following the invasion of Ukraine, the Council of Europe expelled Russia from the organization.
Requirements for naturalization
According to the Convention, “persons legally and habitually resident” in a country must have the possibility of becoming naturalized.
The text indicates conditions for acquiring citizenshipincluding a period of residence that must not exceed 10 yearsthe processing of requests “within a reasonable time”, the possibility of administrative or judicial appeal and “reasonable” fees.
The Convention also enshrines the principle of non-discriminationdetermining that the rules for acquiring citizenship must not “contain distinctions or include any practice that constitutes discrimination based on sex, religion, race, color, or national or ethnic origin”.
Countries must facilitate the acquisition of nationality by spouses and children of nationals (biological and adopted), including through periods of shorter residenceless demanding linguistic requirements, simpler procedures and lower fees, adds the text.
Distinctions between foreign husbands and foreign wives would have to be eliminated, and both parents must be able to pass on their nationality to their children.
Children’s rights
Countries that have signed the Convention must recognize in their domestic law that children born to one of its nationals automatically acquire citizenship, although exceptions may exist for children born abroad.
The acquisition of citizenship must also be facilitated for children born and residing in the country, for people who have lived in the State since childhoodfor stateless persons and refugees living in the territory.
Newborns found abandoned in the territoryo, without the parents knowing, must also be able to access citizenship if they are otherwise left without nationality.
According to the Convention, children born with different nationalities must be able to retain them; both parents must have the possibility of transmitting their nationality to their children. Furthermore, nationals must be able to acquire another nationality when it results automatically from marriage, without being forced to choose one over the other.
Non-discrimination
The principle of non-discrimination must also apply after the acquisition of citizenship, so that, when it comes to rights and duties, there is no distinction compared to nationals by birth.
People with multiple nationalities must be treated on an equal footing with those who only have one, the Convention also specifies.
In practice, a recent report by the Global Citizenship Observatory (GLOBALCIT), of the European University Institute, concluded, however, that discrimination persistssince “a large part of the citizenship deprivation provisions only apply to specific groups, in particular to naturalized citizens”.
Military obligations
For people with multiple nationalities, the European Convention on Nationality clarifies that are not required to carry out military duties em more than one state.
People with multiple nationalities “are only obliged to serve in the country where they usually reside“, says the text. Even so, they can choose to serve in another signatory country until they are 19 years old.
Who lives abroad can choose to carry out military service in the country signatory that it is national.
Citizens of a country where military service is not mandatory “shall be considered as having satisfied his military obligations when they have their habitual residence in that country” — but this does not apply to other countries of which they are nationals and where military service is required.
Who has been exempted from military obligationsor has performed civic service in one of the signatory countries, is considered to have fulfilled his duties also in relation to another signatory party of which he is also a national, establishes the Convention.
Loss of nationality
Under the Convention, loss of nationality is only permitted in specific cases. Among them are “the voluntary acquisition of another nationality”, obtaining nationality by fraudulent means or based on false information, “voluntary service in a foreign military force”.
Also the conduct against the “vital interests” of the countrythe absence of a genuine link between the country and a “national habitually residing abroad” are conditions for loss of nationality.
Citizenship cannot be revoked or renounced if this act has the consequence that the person becomes stateless.
On the other hand, signatory countries must “facilitate recovery of nationality” by former nationals who legally and habitually reside in its territory.
Signed almost 30 years ago, the agreement is currently in force in 29 European countries — including Portugal.
