of ratification, completed by a letter from the Permanent Representative of Germany, deposited on 11 May 2005 - Or. Engl./Germ.
Germany declares that this provision, with the exception of sub-paragraph (a), is not applied in respect of persons who have fulfilled civil service as an alternative or have been exempted from military obligations on account of having fulfilled a service equivalent to military or civil service.
Rationale
This reservation is essentially aimed at adopting for Germany the legal situation established under the Convention of 6 May 1963 on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality. This legal situation takes account of equity in induction and has proved effective in practice. The only addition to this situation is part of the (new) provisions relating to sub-paragraph (a) of Art. 22 of the European Convention on Nationality: inclusion of civil service - which is not yet included in the Convention of 6 May 1963 - is mandatory for reasons of equal treatment; inclusion of equivalent forms of service (i.e. in Germany: service with the civil protection or disaster/emergency management organizations, and development aid service) is appropriate. This reservation must be made because otherwise holders of dual nationality living in Germany might invoke exceptions relating to military service which are not provided for under German law. As a result, these persons would, in principle, be privileged in relation to holders of only one nationality who are liable for military service. This applies, mutatis mutandis, to those provisions of the 1963 Convention relating to military obligations which refer to cases where one of the two Parties does not require obligatory military service.
Period covered: 1/9/2005 -
The preceding statement concerns Article(s): 22
Hungary:
Reservation contained in the instrument of ratification, deposited on 21 November 2001 - Or. Engl.
With respect to Article 11, the Republic of Hungary declares to retain the right not to apply, in accordance with the Hungarian law in force, the rule that decisions relating to the acquisition of nationality contain reasons in writing.
Period covered: 1/3/2002 -
The preceding statement concerns Article(s): 11
Reservation contained in the instrument of ratification, deposited on 21 November 2001 - Or. Engl.
With respect to Article 12, the Republic of Hungary declares to retain the right not to apply, in accordance with the Hungarian law in force, the rule that decisions relating to the acquisition of nationality be open to an administrative or judicial review.
Period covered: 1/3/2002 -
The preceding statement concerns Article(s): 12
Reservation contained in the instrument of ratification, deposited on 21 November 2001 - Or. Engl.
With respect to Article 21, paragraph 3, sub-paragraph a, the Republic of Hungary declares to retain the right that:
- only men living on the territory of the Republic of Hungary shall be considered to be subject to military obligations. Any such person possessing multiple nationality, who does not live on the territory of the country, may not be required to perform military or alternative service, nor may he perform such service as a volunteer;
- any such person possessing multiple nationality, who lives on the territory of the country and is subject to military obligations, shall not be exempted from being called to regular military service or civil service.
The Republic of Hungary shall review the grounds of the reservations made with respect to the European Convention before 30 June 2005.
Period covered: 1/3/2002 -
The preceding statement concerns Article(s): 21
Declaration contained in the instrument of ratification, deposited on 21 November
> 1 2 3 ... 12 13 14 ... 16 17 18
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
