The state puts the rules for the acquisition and loss of its nationality as well as the rights connected with the nationalityand obligations in laws firmly. The nationality justifies special rights as protection and defense rights against the State of (freedom to travel, delivery stop) as well as requirements for beginning in relation to third (consular protection, international processing) and in democracies also partner-genuine at the state life in the sense of a status activus (political codesigning, sovereignty sharing). Civic one Obligations became rare in the modern state understanding and marginally: for example the military service, the obligation to vote or the obligation to pay also with foreign domicile taxes.
The nationality an individual development of the staatskonstitutiven element state people is simultaneous, according to which a state only then and only so longas such one recognizes, when it has a state people apart from national territory and government authority also (see.Three-element teachings). Those by the nationality justified legal relations between state and citizen work beyond the territory and also by other states are recognized.
history of the nationality
a citizenry as durable linkage between state and person existed already at present the Polis in the antique Greece. Ausdifferenziert became this in the old person Rome, where a Roman citizen to be almost a condition for the legal competency or Postulationsfähigkeit was and a juridical system closed in itself defined, which developed up to the corpus Iuris Civilis (the civil right), while the Ius Gentium (right of the peoples) regulated the relations of Rome with other countries, States of, peoples and forerunner of the today's international one of right was. Roman one Citizens (Romanus) were at present the republic the free inhabitants of Rome, later also the inhabitants Latiums and after the confederate war the inhabitants of a large part of Italy. With decree of the Constitutio Antoniniana 212 n. Chr. become all inhabitants of the Roman realm Roman citizens.
Left itselfa Roman citizen in a city outside of Italy down, then remained he like also its for descendant citizen of Rome. The durability is also today again the basic principle of the nationality.
Nationality in the modern sense resulted only since the French revolution from arising republican thinking.Since then the state was understood not only as territorial state or personnel allocation to the absolutist monarchy, but also as person federation about citizens. In the course 19. Century were issued thereupon introduced to most States of the nationality and nationality laws.
In Germany the term German nationality is common and synonymously with nationality is used. In the vague legislation and right development there was however a not always congruent use. In Austria it is the Austrian nationality and in Switzerland Swiss the citizen right. In monarchies,for example Liechtenstein, is spoken also of subjects.
acquisition of the nationality
right-technically one differentiates acquisition by law (for instance acquisition by birth) and by act of administration (naturalization). Independently of it the acquisition depends materially on traditionally experienced state practice. The nationality is in pureNational states (as for instance Poland) usually to the ethnical nationality attached, this is however rarely exclusive yardstick.
the descending principle (ius sanguinis)
the child already acquires the nationality of parents with the birth (material act). Children of citizens onecertain state become independent, of the country, in which they are born, citizens of the state of their ancestors. Often arrange equal for each parents strongly this purchase. In some legal orders descending doubts are solved by the fact that a child acquires the nationality of the nut/mother. In moslemischen in addition,in western states however often obtain the father as family head the nationality.
territorial principle (ius soli)
each in the national territory bearing gets the nationality.
This principle does not only become apart from the descending principle from so-called. Immigration countries applied. Such countries see thereinintegral instrument of their politics to increase the number of their citizens however can be deduced in reverse from the application ius soli not the safe findings, it concerns an immigration country, particularly since one practices apart from other acquisition facts by the majority.
The legal arrangement knows numerous gradationsand combinations with further characteristics like legal stay of parents, continuous stay or generation principle, ethnical affiliation, ex-colonial purchase and. A.
Application: In France about ius soli after that the so-called becomes. to “ius soli “(double droit you sol) it practices double according to which parents already inCountry to be born must. The acquisition facts seize thus with the 2. Generation.
the naturalization is acquisition of the nationality by an executive act. This procedure connects the factor voluntariness on the part of the citizen, thus the desire citizen to be (Confirmationselement) and on the part of of theState the possibility after characteristics further citizens defined to select (control element). Like this instrument by a country (if necessary in the context of purposeful population politics to enlist many new or purposefully certain inhabitants and citizens), part of its self definition is used intensively can be possible as immigration country.
A prooffor the causal steering element steering of a certain naturalization or nationality legislation however one did not teach.
Many legal orders use beyond that the naturalization as instrument generously to do around on complex and detailed legal automatisms without the basis ius soli and ius sanguinis principles and oneto protect certain flexibility. This is frequent practice with countries with ethnical Zersprenkelung, in order to become fair geographically and or historically far handing connections. Same applies with secessions and unions of countries or regions.
In the self understanding of many state orders are democracy principle and fiscal charges naturally connected, like thatthat the state fair-proves only those at the financing of the community take part may, for which also the entrance to the nationality stands openly:NO rating without representation. The example of the naturalizations in Switzerland points out besides conflicts between the democracy and the constitutional state.
a person can acquire the nationality by explanation in relation to the authorities of a country, if the national right plans this. This is attached usually to some few conditions and characteristics and is a minimalistic form of the naturalization.
Mehrstaatigkeit (also multi-nationality called,or the term colloquially also „double nationality " used) designates the case that a person has more than one nationality at the same time. This results from cooperating acquisition facts of different nationality laws. Frequent Unterfall is the double nationality with binational pairs of parents or with naturalizations.
Loss of the nationality
the loss of the nationality can take place like the acquisition via legal automatism (de puts) or by act of administration. In liberal state orders also by one-sided acting of the citizen.
De puts takes place the loss usually via freiwilligen acquisition of another nationality, via entrance into strangerArmed forces, by emigration or permanent absence of the national territory and. A.
By explanation, renouncement and. A. the citizen can a loss likewise take place, whereby this is intended under further conditions only for certain situations or.
Via act of administration take place the dismissal, release or permission of the renouncement, howthis administrative control being present further conditions secures: Avoidance of statelessness, doing military service, Rückerstattung of costs of education, settling tax liabilities.
stateless are persons, who do not possess the nationality of a state. Statelessness is to be avoided according to international law, since stateless people are reference and unprotected. Thereforeeach state is according to international law obligated not to expel in its territory stateless people present into another state on the contrary it must grant them protection.
International regulations of the statelessness are:
- International convention over the legal status of the stateless people of 28. September 1954 (BGBl. II 1976, S. 473)
- Convention for the reduction of the statelessness of 30. August 1961 (BGBl. II 1977, S. 597); In the present agreement the Contracting States commit themselves to out-arrange their national nationality right so that a withdrawal of the nationality does not take place, statelessness for other reasons so far than possible avoidedwill and that stateless people under relieved conditions to be in-patriated to be able. The freiwillige loss of the nationality should not be possible thus any longer, if the citizen concerned became stateless thereby.
Germany joined both agreements.
to confound with the statelessness, is not the status of the unsettled nationality. This is attained in the Federal Republic of Germany by the fact that the origin of the person concerned is unknown (z. B. due to the small age of the concerning) and thus his nationality to be not finally clarified knows. The German legal situation does not permit it,the fact that a person with unsettled nationality is in-patriated since is assumed a nationality already exists.
union citizenry (European Union)
major item: Union citizenry
since the dissolution of the convention of 6. May 1963 of the Council of Europe over the decrease of the Mehrstaatigkeit and over the military service ofMehrstaatern lost the Mehrstaatigkeit as legal problem at meaning. This accompanied with the development of the union citizenry parallel.
Similarly a nationality develops the European Union for the citizens of the member states the union citizenry as component agreement and of the process of integration. This is at present no genuine nationality, like alsothe European Union no international law subject in the sense of a state is. This is above all because of the fact that the European Union is a state group, which does not arise outward like sovereign an international law subject, when such is not recognized and stresses no acknowledgment, but on political, legal and economic harmonizationis inward arranged.
The union citizenry is in kind. Regulated and the national nationality supplements 17 EGV around a Europeanlegal dimension, it concerns v. A.
- union-internally the liberality, the freedom to establish residence, the Europeanlegal right to vote
- internationally the integrated diplomatic and consular protection by all European Union member states.
International private law
in international private law (IPR) is in particular for many legal questions the nationality of the persons decisive connecting factor for the right, which can be used taken part in right traffic. With persons, who have more than one nationality, the principle of the effective nationality applies.
In Germany is after that kind. 5 exp. To use 1 EGBGB the right of the state, its nationality it with the closest solidarity (indications: Domicile, birth o. A.) possesses.
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