Download Acquisition and Loss of Nationality, Volume 2: Policies and by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald PDF

By Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch

Acquisition and lack of Nationality brings jointly a crew of thirty researchers for an in-depth research of nationality legislation in all fifteen pre-2004 member states of the eu Union. quantity One offers exact comparisons of the citizenship legislation of all fifteen international locations, whereas quantity comprises person experiences of every country's legislation. jointly, the books are the main entire on hand source at the query of ecu nationality.

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Read or Download Acquisition and Loss of Nationality, Volume 2: Policies and Trends in 15 European Countries: Country Analyses (Amsterdam University Press - IMISCOE Research) PDF

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Additional info for Acquisition and Loss of Nationality, Volume 2: Policies and Trends in 15 European Countries: Country Analyses (Amsterdam University Press - IMISCOE Research)

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This rapid growth of the number of persons applying for Austrian nationality is due to different factors. The rise of an anti-immigrant ¨ as well as by the discourse in the early 1990s triggered by the FPO ¨ SPO (Zuser 1996: 64-70), which was followed by a rigid legislation in the early 1990s that gravely impaired the legal resident status of even long-term immigrants and of their family members, transformed the option of naturalisation into an ‘escape route’ (Baubo¨ck & C ¸ inar 1999). In addition, in the province of Vienna, where acquisition of nationality has always been easier than in other Austrian provinces the naturalisation of immigrant families was encouraged and facilitated particularly between 1989 and 1994.

Applicants can either appeal to the Administrative Court or to the Constitutional Court. Representatives of the federal government and federal provinces meet regularly to exchange experiences and address administrative problems, but there are no common guidelines for the implementation of legal provisions29 allowing the authorities a wide margin of interpretation in discretionary naturalisations. While nationality legislation is seldom subject to judicial review by the Constitutional Court, administrative acts in matters of nationality are frequently subject to review by the Administrative Court.

If, however, a person cannot give up his or her previous nationality without having acquired the nationality of another state, Austrian nationality is granted under the condition that the renunciation of the previous nationality will be proven within two years following acquisition of Austrian nationality. Deliberate non-compliance with this obligation is a reason for deprivation of Austrian nationality, of which the authorities have to notify the relevant person six months in advance. However, deprivation of Austrian nationality because of retention of the previous nationality is not permissible if the relevant person has acquired Austrian nationality more than six years previously.

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