Aviso n.º 39/2007, de 01 de Março de 2007
Aviso n.o 39/2007
Por ordem superior se torna público ter a República Federal da Alemanha depositado junto do Secretário-Geral do Conselho da Europa, em 11 de Maio de 2005, o seu instrumento de ratificaçáo da Convençáo Europeia sobre Nacionalidade, aberta à assinatura em Estrasburgo em 6 de Novembro de 1997, tendo formulado as seguintes reservas e declaraçóes:
Reservas «Article 7
Germany declares that loss of German nationality ex lege, may, on the basis of the 'option provision' under section 29 of the Nationality Act [Staatsangehörigkeitsgesetz-StAG] (opting for either German or a foreign nationality upon coming of age), be effected in the case of a person having acquired German nationality by virtue of having been born within Germany (jus soli) in addition to a foreign nationality.
Rationale
A reservation is required on account of the provisions of the new sub-sections 2 and 3 of section 29 of the Nationality Act (StAG), under which persons who had acquired German nationality under section 4, 3, of the StAG and are required to state their respective option may lose their German nationality. This reservation is based on the fact that article 7 of the European Convention on Nationality of 6 November 1997 provides that a State Party to the Convention may, in its internal law, provide for the loss of its nationality ex lege or at the initiative of the State Party only in the cases provided for in that article. However, none of the cases definitively listed in article 7 with regard to loss of nationality are in conformity with the provisions governing loss of nationality as laid down in section 29, 2 and 3, of the StAG. The reservation required in this respect is compatible with the object and purpose of the Convention of 6 November 1997. The same applies to persons who under section 40b of the StAG are eligible for privileged naturalization. Upon attaining their majority, they are also under the obligation to declare their intent (option), possibly entailing loss of German nationality under the provisions of section 29, 2 and 3, of the StAG.
Article 7, 1, f)
Germany declares that loss of nationality may also occur if, upon a person's coming of age, it is established that the requirements governing acquisition of German nationality were not met.
Rationale
This reservation is required since German law provides for the possibility of minors and adults losing their German nationality if the preconditions which led to the acquisition of German nationality are no longer fulfilled.
Article 7, 1, g)
Germany declares that loss of German nationality can also occur in the case of an adult being adopted.
Rationale
This reservation is required since the German law of nationality and citizenship provides for loss of German nationality also in the case of adoption of an adult. This applies when - by way of exception - theadoption of an adult has the effects of the adoption of a minor. This is only likely to occur in quite exceptional cases.
Article 8
Germany declares that the following persons, irrespective of their place of residence, are not subject to loss of nationality as a result of release from nationality (i. e. release will not be granted to the following persons):
1) Public officials, judges, military personnel (soldiers) of the Bundeswehr (Federal Armed Forces), and other persons employed in a professional or official capacity under public law for as long as their contractual relationship is not terminated, with the exception of persons holding honorary positions;
2) Persons liable for military service (conscripts) - as long as the Federal Ministry of Defence or an agency designated by it does not declare that there are no objections to such release (i. e. does not issue a certificate of non-objection, cf. infra).
If the persons listed under sub-paragraphs 1 and 2...
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