Slovak nationality law

Slovak nationality law

The Citizenship Act was a bill by the National Council of Slovakia in regards to the nationality law following the dissolution of Czechoslovakia. In 2010, it was controversially amended to disallow former citizens from voting, which was said to have affect the 2012 election to some degree.

Background

Prior to 1993, the Slovak Republic was a part of the no defunct state of Czechoslovakia. At the time, Slovak citizenship was simply an internal distinction within Czechoslovakia.

Amendment

After neighbouring Hungary passed a resolution on 26 May, 2010, amid its own nationality law, which would allow any ethnic Hungarian living abroad to seek Hungarian citizenship, by an absolute majority of 344 votes in favour, three opposes and five abstentations, elicited a reaction in the region. The strongest of these were from Slovakia, which immediately passed a motion on amending the Citizenship Act to bar Slovak citizenship to anyone seeking a second nationality. Prime Minister Robert Fico said Hungary's motion was a "security threat" (this was despite Slovakia hosting a 500,000 Hungarian minority community within its borders).

The verbal spat continued the following year when Hungarian Deputy Prime Minister and Justice Minister Tibor Navracsics complained to the European Union's Justice Commissioner Viviane Reding that the law allegedly the EU's Charter of Fundamental Rights in that he believed it was against the free choice of identity and that Slovakia should be punished if it was found to be in violation of the charter:

I believe the European Union must go further than saying this is a Hungarian-Slovak conflict [...] because it violates the charter of fundamental rights. If a democracy robs its own citizens of their citizenship by applying sanctions against people who practice their right to a free choice of identity, I believe it becomes a problem of democracy."

Law

The National Council enacted a nationality law on 19 January, 1993 in order to "establishes the conditions of gain and loss of citizenship." It came into effect the day after publication on 16 February. Citizenship application would be issued by the Ministry of Interior after application with a district office.

A citizen of Czechoslovakia as of 31 December 1992 who was not a citizen of the Slovak Republic had one year to apply for Slovak citizenship. Citizenship was also open to those who had lost Czecoslovak citizenship as a result of territory dissolution after the fall of the Austro-Hungarian Empire.

Loss of citizenship would occur "only at own request by release of the person from the state bond" or acquires or is granted citizenship of another country, unless the person is under threat of persecution or has a tax indemnity to the state.

The law also voided the gain and loss of Czechoslovak and Slovak Socialist Republic citizenship rulings.

Requirements

Citizenship can be issues under the conditions of: birth, adoption or grant.

Birth

Citizenship is given to a child upon birth if:

• at least one parent is a citizen
• was born within the country's territory to stateless parents
• was born withint the country's terriroty to foreign parents but does not adopt the parents' nationality
• was found within the country's territory to unknown parents and without proof of foreign citizenship
• even if the alleged parent/s who is a citizen was found not to be the actual parent.

Adoption

Citizenship is given to a child upon adoption if:

• At least one parents is a citizen

Grant

Citizenship is granted to an individual:

• has a valid residence permit
• maintains a continuous permanent residence in the country for at least eight years prior to application.
• does not have a criminal record on the basis that for over five years: if convicted the record has been erased; criminal prosecution has been suspended with probation having expired; or prosecution has been settled and approved by a prosecutor.
• no pending extradition hearings or European arrest warrants.
• has not deportation hearings.
• no hearings for removal of asylum.
• can demonstrate knowledge of the Slovak language and has a general knowledge of the country.
• is a former citizen who has maintained permanent residence for at least two years prior to application.
• over the age of 14.
• not violated any laws on the basis of residence as a foreigner including: public health insurance, social insurance, superannuation, taxes, levies, fees, employment of foreigners and other obligations.
• eight year residence requirement is waived if the applicant is:
  • married to (as regulated by the Act on Family, the Act on Registry Offices, the Act on International Private and Procedural Law and the Act on Residence of Foreign Nationals) and has resided in the same household in the country for at least five years prior to application.
  • has "significantly" contributed to the country in the economic, scientific, technical, cultural, social or sport spheres, or is deemed to have some other interest for the country.
  • maintains a continuous permanent residence for at least three years before the age of 18.
  • is a minor whose legal guardian is a citizen designated by a court and has maintained a continuous residence for at least two years prior to application.
  • was born within Slovakia and has maintained permanent residence for at least three years prior to application.
  • has maintained a continuous presence in the country for at least ten years prior to application.
  • is a stateless person with a continuous residence for at least three years prior to application.
  • is a former citizen with a continuous residence for at least two years prior to application.
  • has one parent who was a foreigner and one who was a Czechoslovak citizen at the time of the applicants birth.
• has been granted a certificate of "Slovak living abroad" status would have have the condition of continuous permanent residence for at least five years waived if the applicant has resided for at least three years prior to application.
• if Czechoslovak citizenship has expired due to a long absence under, through loss of Hungarian citizenship, loss of citizenship through marriage or loss of Slovak Socialist Republic citizenship the condition of continuous permanent residence of at least would be waived.
• former citizen of either the Slovak Socialist Republic or Czechoslovakia citizenship would have the condition of continuous permanent residence of at least waived.
• former citizen under this law upon proof that citizenship of another country was not granted would have the condition of continuous permanent residence for at least eight years voided.

Citizenship to a grantee can be revoked it:

• applicant documents were found to be forged or altered.
• applicant is a different individual from the application.
• approval was issued without prejudiced knowledge that had not been previously intimated.
• approval was illegaly ordained.

In such cases, the Ministry of Interior would notify the applicants municipality, police, tax office, customs and social insurance and public health insurance institutions. Within 30 days from the date of notice the citizenship would lapse and certificates returned.

Procedure

Applications are handled by the District Office of the Upper-Tier Territorial Unit or a Slovak diplomatic mission or consular office. The application are scrutinised and sanctioned by the Ministry of Interior. If after approval the citizenship is not taken up within six months of the date of notification the application would be suspended. Rejected applicants must wait at least two years to re-apply.

Oath

The oath of citizenship is undertaken by the head of the District Office, a Slovak ambassador or Consul, or their authorised persons. It reads:

Sľubujem na svoju česť a svedomie, že budem verný Slovenskej republike, budem dodržiavať Ústavu Slovenskej republiky, ústavné zákony, zákony a iné všeobecne záväzné právne predpisy a riadne plniť všetky povinnosti štátneho občana Slovenskej republiky.
I swear on my honour and conscience that I will be faithful to the Slovak Republic, I will follow the Constitution of the Slovak Republic, constitutional laws, laws and other generally binding legal regulations and properly perform all the duties of a citizen of the Slovak Republic.