CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ CITIZENSHIP IN THE FIRST CZECHOSLOVAK REPUBLIC … period, and was observed neither by the U.S. nor by the Czechoslovak party. 42 The problems were related, for example, to the lack of exchange of information on naturalized citizens between the U.S. and Czechoslovakia, especially in the years 1948–1989. Problems with its interpretation continued after the establishment of the Czech Republic. Finally, on the basis of the exchange of notes of 28 July 1997 and 20 August 1997, the Convention was terminated on 20 August 1997. 43 In the past, the Czechoslovak Republic also concluded seven treaties on the prevention of dual citizenship with six former socialist states (two with the USSR in 1957 and 1980, with Bulgaria in 1974, the GDR in 1973, Poland in 1965, Hungary in 1960, and Mongolia in 1984). Their importance was significantly lower than that of the Convention with the U.S., only a few thousand citizens of the contracting states were concerned. All of these contracts have already expired. Also, after the Czech Republic was founded in 1993, Act No. 40/1993 Coll. on the acquisition and loss of citizenship of the Czech Republic was based on the principle of a single citizenship . Only certain people were allowed for dual citizenship (due to birth, or marriage). Act No. 193/1999 Coll., which concerns the citizenship of certain former Czechoslovak citizens, is considered to be a ground-breaking principle. According to § 1, a natural person who lost the nationality of the Czechoslovak Republic, the Czechoslovak Socialist Republic, the Czech Socialist Republic or the Czech Republic from 25 February 1948 to 28 March 1990 by dismissal from the State or in relation to the acquisition of the nationality of another State (e.g. the Convention on Naturalization with the United States of America from 1928), may acquire citizenship of the Czech Republic on the basis of a declaration of citizenship of the Czech Republic. A turning point in the concept of dual citizenship in the Czech Republic was brought by Act No. 186/2013 Coll. on the citizenship of the Czech Republic, which became effective on 1 January 2014. In the meantime, the Czechoslovak, Czech legislation and the regulation from before the creation of Czechoslovakia in the Czech Republic since 1811, was with some exceptions based on the concept of a single citizenship. The new legislation allows the unlimited exercise of dual and multiple citizenship for all citizens of the Czech Republic. The new legal regulation thus allows foreign nationals who request naturalization of the citizenship of the Czech Republic to retain their existing citizenship. Enactment of dual and multiple citizenship can be explained by the fact that Admitting a number of occasions and dual citizenship can be explained by the fact that in a time of great international migration, migrants have many close ties to more than one State, it is logical that these close ties to several states can find their expression in multiple citizenship. Further, the concerns that persons who still hold non-Czech citizenship will not be loyal to the Czech Republic have no support in empirical practice. Currently a number of problems exist because there are states that do not impose their citizenship on their nationals citizens, which prevents such foreigners from gaining citizenship in a standard way. 44 However, the admissibility of dual citizenship must also correspond to the law of the other state, which the Czech citizen could also be a citizen of. Another view of dual citizenship is 42 EMMERT, F.: Citizenship in the Czech Republic in the past and present. First issue. Prague: Leges, 2016. p. 64. 43 Statement of the Ministry of Foreign Affairs No. 229/1997 Coll. 44 ČIŽINSKÝ, P.: A Brief Analysis of Some Problems of the Draft Act on Citizenship of the Czech Republic. (26 April 12).

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