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39. Regulation of the Federal Government on the procedure for obtaining a confirmation in accordance with § 10 paragraph 6 of the Citizenship Act of 1985
On the basis of § 10 section 7 of the Citizenship Act of 1985 (StbG), Federal Law Gazette No 311/1985, as last amended by Federal Law Gazette I no. 136/2013 and the by-laws Federal Law Gazette I no. 188/2013, is prescribed:
§ 1 (1) the Government has a process for awarding of citizenship pursuant to § 10 para 6 StbG for the purpose of obtaining a confirmation of the Federal Government the administrative measure in copy, ordered and inform by connecting a file directory, the Federal Minister of the Interior to present.
(2) the template of the administrative act has to be carried out, provided the requirements pursuant to § 10 para. 1 StbG are Z 2 to 6 and 8 and paragraph 2 and the decision-relevant circumstances have been levied only.
Requests for opinions
Section 2 (1) the Federal Minister of the Interior has a copy of the reasoned request of a stranger on awarding of citizenship along with the associated evidence to assess whether the awarding of citizenship due to the of the alien already provided and he still expected extraordinary benefits in particular interest of the Republic, to the responsible federal Minister or, where appropriate, to the competent Federal Ministers to pass on.
(2) If a responsibility of the Federal Minister of the Interior, arises from the administrative act so this has to carry out the assessment referred to in paragraph 1 even.
(3) a foreigner who has submitted a request for awarding of citizenship pursuant to § 10 para 6 StbG no main residence in Austria, has the parts referred to in paragraph 1 by the Federal Ministry of the Interior also to the Federal Minister for Europe are so forward integration and external assessment in accordance with paragraph 1.
(4) the Federal Minister responsible for assessing have to write a reasoned opinion for the particular case and to transmit them to the Federal Minister of the Interior. The opinion has to present the main reasons for the assessment, particularly in regard to made scoring of the extraordinary performances of already rendered by the strangers and to be expected, and the reasons why a ceremony of citizenship in particular interest of the Republic is located. Furthermore, it must be evident from the opinion whether or not the respective Federal Minister endorsed the award of citizenship to foreigners. There is need for further clarification of the Federal Minister of the Interior can already responsible federal Minister again or deal an another Federal Minister.
(5) the Federal Minister responsible for assessing can obtain also technical expertise of experts in the respective field of opinion to each individual case.
Reprocessing of administrative acts
§ 3. The Federal Minister of the Interior beschlussreif prepares the administrative act, taking into account the comments received pursuant to § 2 para 4 and creates an appropriately reasoned recommendation for the decision-making process of the Federal Government.
The Federal Government's decision
§ 4. The Federal Government decides StbG regularly, at least once in the calendar half year on the grant or refusal to grant of a confirmation in accordance with § 10 paragraph 6 in the cases beschlussreif prepared pursuant to section 3.
Transmission of decisions
§ 5 (1) is the decision of the Federal Government about issuing or not issuing a confirmation to send the respective Provincial Government immediately by the Federal Minister of the Interior.
(2) the respective State Government has to send a copy of the proceedings be decision to the Federal Minister of the Interior.
Linguistic equal treatment
§ 6. As far as this regulation to natural persons are related names in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.
Entry into force
§ 7. This Regulation shall enter into force the day of the announcement.
Faymann Spindelegger Hundstorfer Kurz of sands Mikl-Leitner Brandstetter Raj Klug Heinisch-Hosek Ostermayer Bures Mitterlehner Karmazin
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