107/1921.
Contract
between the Republic of Czechoslovakia and the Republic of Austria on the State
citizenship and the protection of minorities, signed in Brno on 7 December. June 1920.
The Republic of Austria, the Republic of Czechoslovakia and conclude this contract to
modify the questions of nationality and the protection of minorities.
Where in this agreement, talks about "the Treaty with Austria" shall mean
the peace agreement signed on 10. September 1919 in Saint-Germain-en-Laye, and
where he talks about "the Treaty with the Republic of Czechoslovakia" shall mean
contract signed June 10. September 1919 in Saint-Germain-en-Laye between
leading powers the United and combined with the Republic of Czechoslovakia.
PART THE FIRST
Country of citizenship.
Article 1
Each of the two States recognised as the basis for the implementation of article. 64 and 70
the Treaty with Austria and article. Treaty with the Republic of Czechoslovakia
the home of the right, which has been in the other State under the provisions of the laws of the
the law of the home of the former State of Austria acquired out of 28. October 1918 and
the time when the Treaty with the Republic of Austria and the Czechoslovak will take
the scope of the.
Article 2
The right of citizens, without obtaining the rights acquired, the home on the basis of §
2 of the Austrian law of 5 March 2002. in December 1918, St.-G-Bl No. 91 on the State
citizenship shall be abolished on the date of the above two international agreements take
as regards the scope of persons who, on the basis of both of these contracts
they become nationals of Czechoslovak.
Article 3
(1) the two States shall recognise each other for the basis of the nationality of the public
employees rights home, which took these persons in their respective States
on the basis of § 10 of the Act on the right of the home of 5 November. December 1896.
222 ř.z.
(2) Also acknowledge both sides of that citizenship in both countries
It also becomes the final provisions for any State institution or
in a State enterprise. They also recognize the employees on duty
both foreign States who are located outside the boundaries of official States, in
whose services are appointed, for the citizens of this State, as well as
-without prejudice to the provisions in the Treaty with Austria on part-persons in
on the tenth day following the signing of this agreement will be in service between konati
either of the two States as gážisté or non-commissioned officers.
Article 4
The words "selon le cas, leur domicile ou leur indigénat
(pertinenza-Heimatrecht) "in article 3 of the Treaty with the Republic of
The Czechoslovak interpreted in the sense that in relation to the Republic
The Austrian, the only law is decided by the home, but not residence.
Article 5
Both States are taking up the provisions of the article. 65 of the Treaty with Austria and article. 6
Treaty with the Republic of Czechoslovakia as the provisions of the supletorní, it
is this: the provisions constitute, if not enough other provisions on the
citizenship to the jurisdiction of the State the citizen was intended
an earlier state of the Austrian, the presumption of nationality by location
birth (praesumptio iuris, sed non de jure), which applies in so far as
It is not proof of a different nationality, on the basis of origin. The words on the
the end of the article. 65 "par sa naissance d'une autre Belgian" and at the end of article.
6 "d ' une autre Belgian de naissance" will therefore be construed in praksi
not according to the system, place of birth, but according to the system of origin.
Article 6
(1) the two States agree to the detailed implementation of article 64 of the Treaty with
Austria and article 4 of the Treaty with the Republic of Czechoslovakia-without injury
the specific provisions of article 3 of the present agreement-as follows:
(2) persons, that article 4 of the contract concluded with the Republic of Czechoslovakia
has in mind, for this purpose, in three groups.
(3) the first group consists of those persons who, to 28. October 1918 have acquired rights
the home village of the Republic of Austria in some (part II of the Treaty with
Austria). The nationality of such persons is governed by the laws of the
the home, that is, applies only to article 64 of the Treaty with
Austria.
(4) in the other group they belong, předpokládajíc, in the time when the present
the scope of the agreement, they have the proper place of residence in the Republic of Austria:
(a) persons between 29. October 1918 and 28. February 1919 have acquired rights
the home in a village of Austria.
(b) the person to whom to 28. February 1919 made the request for the grant of rights
the home in a village of Austrian and until 31 December 2006. August 1919 the rights of
acquired,
(c) persons to 28. some of these, in February 1919 the village of Austrian
a ten-year stay under section 2 of the Act of 5 March 2002. December 1896 No. 222.,
and on the basis of this stay until 31 December 2004. August 1919, acquired in this village
the rights of the home.
(5) in the case of persons belonging to this second group also act home
the right person in Austria: these have the right within one year from the date of
the Treaty with Austria comes into scope, optovati in favour of the State
Czechoslovak citizenship. If they have more than one residence, may, in
the same time make a Mormon out, for which place of residence as the basis of these
the provisions of optují. In the absence of the person concerned in the above-mentioned period of such
Declaration of residence decides previously based.
(6) the review of those rights, moreover, apply the General provisions of the option
contained in the present Treaty and the conventions referred to in it.
(7) the third group they belong to persons who do not fall into either the first or
in the second category. In the cause of these people it is a full range of both
paragraphs of article 4 of the Treaty with the Republic of Czechoslovakia.
Article 7
Both of the Contracting States shall agree in the fact that the optional declaration matching
the legislation both of the international treaties is unilateral, right
optantovým founding act, and that a certificate authority, which is to say about him
of the soul, has meaning only declarative.
8.
(1) Nationals of any of the two Contracting States, who, at the time when the
the scope of the present agreement, they have at least 10 years of residence in the
the other State, may, within one year from the date on which the present Treaty
takes responsibility, optovati for citizenship of that State.
(2) this option applies the General provisions of the option contained in the present
the Treaty and in the international treaties listed in it.
Article 9
Both States parties agree that the provisions of article 80 of the undertaking environmental impact
the Treaty with Austria (article. 3, para. 2, of the Treaty with the Republic of
The Czechoslovak) in the mutual relationship will be liberal and postupovati
in particular, the vykládati, the words "par la race et la langue", in the sense that, in the
praksi will look mainly to language in General as to
the most important character.
Article 10
(1) the two States agree that rozhodovati of option statements
on the basis of the two international treaties belongs solely appointed by the
State in whose favor in a case with optuje.
(2) the Declaration of option of persons referred to in the contracts mentioned are the Austrian
nationals and want to optovati in favour of citizenship
the Czechoslovak diplomatic podávati, Councillor
Czechoslovak in Austria and vice versa the optional declaration of State citizens
Czechoslovak in favour of Austria in the diplomatic Councillor
the Austrian in the Czechoslovak Republic.
(3) the two States reserve doporučiti optantům to submit a copy of its
the Declaration also with the competent political authority to first bowel movement as follows
obtained was already in advance in favour of the second option overview State. In addition to the
It will, however, both States zasílati intermittent-for the first time
six months after that, when appointed by the Treaty shall take responsibility, later
each month-lists of option statement public citizens of the other State,
that will be filed with the Office: the equipment and the contents of these lists
modifies the agreement of the competent central authorities of both States.
(4) the competent political office first bowel movement by 3. paragraph considers the
the authority in whose territory is situated the home village of optantova. However, if the
optant residence in the State, from which optuje, a copy of the warrant may not administer
a statement by the political office of residence place for political office
their village home.
(5) where a is the optional declaration with diplomatic Councillor
referred to in the second paragraph, it shall formally received this diplomatic
the city government without delay a copy of the log to the political office of the first
bowel movements to the competent pursuant to paragraph 4.
Article 11
(1) for the person nedosáhnuvší the eighteenth year, that do not have parents, and for
minors over 18 years of age, which are the conditions for deprivation of
incapacitation, as well as for persons who are deprived of the incapacitation or
entrusted to the temporary care, exercise the option of their legal guardians.
(2) However, if the person that did the put parents, guardians or
other guardians complete before the end of the period the 18th year of option
age, may, until the expiry of the option odvolati option like this done. About
This right of appeal shall apply mutatis mutandis to the optional declaration.
Article 12
Both States neobmezí provision, according to which the optanti may carry
Realtime in the State from which the optují, any laws which are not
entirely general nature and does not apply also to all citizens of the State, as well as
for all nationals of other States.
Article 13.
(1) the two States had respected the unconditional obligation to vystěhovati to optantů
the State for which optovali, and declare that none of them will not be
as the nevlídného of the Act in that it's the second State full range
means permitted under international law against optantům, who
in the established time limit, the catastrophe.
(2) Translates to reside within three years back, the first
eviction only for eviction in the eye: in this case, it is considered that,
that did not occur at all, and the eviction can be against such optantovi
postupovati as against optantům, who nevystěhovali at all.
(3) However, when odebéře to stay optant into the territory of the State from which the
optoval, for the management of immovable property There, you can't hole
It thought me a reverse immigration if the apparently only
temporary.
Article 14
Both States, taking into account the current distressed housing and other difficulties,
They agreed to extend a deadline for eviction for persons from one
in the second State of optují, by the way, that the time for eviction will be
to do in all cases consistently for three years from the date when the contract with the
Austria shall take responsibility.
Article 15
Both of the Contracting States shall guarantee to each other that they will not in any way be
nationals of the second Member State for reasons other than for reasons of public order and
public safety outside the cases referred to in article 14(2). 13.
Article 16
The two Contracting Parties undertake to State citizens receiving enlightenment next time
the other State to its national volume if this acceptance does not constitute the
on the provisions of the two international agreements fail to implement such a
the adoption until the other State of being fired from his volume of the person who
has to be taken to the new volume of the State.
PART TWO.
The protection of minorities.
Article 17
(1) the two States recognised in matters of education, the law, which it is for the
According to article 67 of the Treaty the minority with Austria and article. 8 of the Treaty with
The Czechoslovak Republic to set up and administer, vydržovala
private schools and institutes of education, does not deprive the minority obligations,
to save the General regulations in force in the State, and that in particular
the surveillance law is by no means a minority, the avowed does not limit the right of
supervision on education.
(2) the administrator of the private schools and educational institutions are permitted only
nationals of that State in which the Head Office of the private Institute
the education.
(3) the right of linguistic minorities given in articles previously referred to
According to his likes were one's own language in these schools and institutes
Educational, only concerns the teaching of the language and the internal usage
a language in school, but not contact with the authorities, which is governed by the terms and
regulations on the use of languages, excluding intercourse, the school administration and teachers with the authorities
General supervision of the school's first bowel movement in the building of a school in matters
official.
Article 18
Both parties recognize that it is in a school and in legislation
educational administration as well to stack with private schools and institutes
educational how majority-minority. The words "éceles et autres
établissements d ' improvement ' according to article. 67 of the Treaty with Austria and article. 8
According to a contract with the Czechoslovak Republic is all private
schools and educational institutes that can be set up in the State according to the
applicable laws as private institutes. It is concluded that at the time,
When the contract is concluded, i.e. the legislation of both Contracting Parties in
the mentioned issue of the same. This state law declares for the time
the validity of this Treaty in relation to both of the Contracting States for the
crucial.
Article 19
(1) As in the Czechoslovak Republic under law from 3. April 1919, no.
189 Coll. and n., it is for the private schools set up by the General after the date
the effectiveness of this law, the right of the public, the Austrian Government,
the grants to private schools to the General of the Czechoslovak minorities to be
established after this agreement enters into scope, the right of the public
at the same time with the permission of their establishment, předpokládajíc, that will satisfy the
legal requirements.
(2) each of the two Contracting Parties may such a private school in General,
If required, the interest of the public or other compelling reasons, the right to
public odníti neb and the school completely zavříti. The school, which has been withdrawn
right of the public, the law that once again rearm if it shows its
vydržovatel that have been removed the defect that caused the deprivation of rights
to the public.
(3) the provisions of the two preceding paragraphs mutatis mutandis also in use is
private schools already established by the General.
(4) in relation to the other private schools and educational institutions,
both parties reserve their legal opinion on the interpretation of article 67
the Treaty with Austria and article 8 of the Treaty with the Czechoslovak Republic.
(5) in the Czechoslovak Republic will not be teaching language in German
The Republic of Austria, the Czechoslovak language reason to
denied the right to the public.
Article 20
(1) the two States reserve conclude later on the interpretation of the Convention and
implementation of article 68 of the Treaty with Austria and article. 9 of the Treaty with
The Czechoslovak Republic, especially about the words: "the proportion
considérable, "" villes et facilités districts "and" appropriées ": up to
This time they have a free hand in these matters.
(2) regardless of the issues just mentioned, and no nepředbíhajíce
their final arrangements are agreed by both Contracting States so far is this:
(3) the Austrian State undertakes to arrange somehow that at the beginning of the school year
1920/21 was established in Vienna the Austrian State citizens for children
the Czechoslovak language according to their applications for general public schools with
the Czechoslovak language teaching in suitable rooms with teachers
linguistically and otherwise perfectly qualified, and that, to the extent that the class
There were so many žactva as a general average of at German schools
the General, with the lowest average béře 42 pupils. The application must
be made in a timely manner so that the opening of schools was the beginning of the school year
1920/21 secure: to determine the knowledge of Czechoslovak speech at
children who logs into the schools, form is the Commission to which
called also důvěrníci at members of the Czechoslovak parents.
(4) For children in the Republic of the Czechoslovak foreign nationals of State
German language education in public and private schools of the German
the Czechoslovak Republic, without exception, is already enabled, and as a
the Czechoslovak Government agrees that this authorisation is not cleared, it promises
also, the Government of Austria, each other, children of the Czechoslovak members
State of the Czechoslovak language allowed in Austria will be attendance to
Czechoslovak schools public and private. These children are nečítají
However, when the general public schools or in determining the number of classes and
schools, which have zříditi nor in the calculation of the diameter of the pupils in the class.
PART THE THIRD.
Proceedings in contentious cases.
Article 21
For the settlement of differences in opinion or disputes in the interpretation and implementation of the
the provisions contained in the first and second volume of this contract shall be
1) and the Joint Commission
2) Permanent Court of arbitration.
Article 22
(1) the Joint Commission consists of delegations nominated by the Government of Austria and the
a delegation appointed by the Government of the Czechoslovak, each delegation then from
the Chairman and two lay judges.
(2) the Czechoslovak delegation has its registered office in Prague, in Vienna, Austria.
Article 23
(1) the Commission shall act only on cases in which either of the two Governments
directs its delegation.
(2) a delegation shall hear cases documented by the Commission in writing together.
(3) If, however, this way of the agreement, the two delegations will meet with
the two delegations to the joint meetings in order to achieve such an agreement.
The Presidents of the two delegations take turns in the Bureau of the Joint Commission.
Instead of meeting ujednají both Presidents. Unless otherwise agreed, shall be held
meeting alternately in Prague and Vienna, for the first time in Prague.
Article 24
The Joint Commission to settle the contested case, a reference to arbitration
the Court.
Article 25
(1) the arbitral tribunal consists of judges, each of the two States
shall designate two, and from the fifth to the arbitration as Chairman.
(2) the Chairman shall elect four judges. Unless otherwise agreed, shall request the Government of the State,
in which the arbitral tribunal shall meet, diplomatic representative of the Kingdom of
the Dutch in Vienna or in Prague that the Presidency itself took over or
appointed Chairman.
Article 26
The Tribunal is a permanent and shall meet alternately in Vienna and in Prague, for the first time
in Vienna, Austria.
Article 27
Both of the Contracting States undertake to provide the Tribunal with all the
support needed for his investigation and all the necessary equipment: undertake to
further, that their courts and authorities shall provide the arbitration všemožnou
legal aid, in particular as regards the delivery and implementation of evidence.
Article 28
(1) the Arbitration Court shall adjust its own procedure and the rules of procedure.
(2) the arbitral tribunal shall be decided by majority vote. The Chairman put to the vote the last time:
If there is equality of votes, the voice of his.
Article 29
Each Government shall pay the benefits provided for from her referees from your
completely and delights of the President, which shall be adapted Special Administrative
the Convention, of the half.
Article 30
If either of the two Governments considered that the Declaration submitted its option
a citizen of the State in favour of the nationality of the other is apparently
neoprávněno, that is, that it is not obviously the assumptions provided for in
in the Treaty with Austria, in agreement with the Republic of Czechoslovakia or in
the Treaty present, may before the Joint Commission shall refer the matter to the (article.
23), the other State's diplomatic authority požádati to Jos
the invalidity of this optional declaration on behalf of the State which he represents.
PART OF THE FOURTH.
The provisions of the final.
Article 31
The provisions of this contract shall be subject to the validity of contracts with Austria and
the Republic of Czechoslovakia and, in particular, without prejudice to the rights which are in the article.
69 of the Treaty and in the above-mentioned article at first. 14 posléz referred to the Treaty provided
the powers of the US and a joint there referred to. The Contracting Parties shall not apply
However, with regard to the present contract, the rights referred to in the said
regulations dovolávati the Permanent International Court.
Article 32
(1) this Treaty shall be ratified and the instruments of ratification will be what
soon as possible in Vienna.
(2) the contract shall become governed by the exchange of instruments of ratification and shall cease to be
force four years after if six months before this
vypověděna any of the parties. The contract shall continue to
extended by a year, always apply if none of the two parties
the rights of vypověděti it six months ahead.
(3) the contract shall be made out in two original copies, each in the speech
Czechoslovak and German. Both texts are authentic. Ratified
the contract will be each of the two States announced in its official collection of laws
in both authentic texts.
(4) a document signed this contract agents of the two parties, namely:
Professor Dr. Anton Hobza as mandated by the Czechoslovak Republic and
Labor Council, Dr. Georg Froehlich as the agent of the Republic of Austria,
prozkoumavše to each other their full powers and shledavše is correct.
Given Brno of the 7th of June of the year one thousand devítistého the twentieth.
For the Czechoslovak Republic
Prof. Dr. Anton Hobza v.r.
L.S.
XIII.
Post the log.
Both States have agreed with today's signing of the contract on this:
1. According to the legal opinion of the Government of Austria is vykládati the final words
article. 64 of the Treaty with Austria "qui ne sont pas ressortissants d'un autre
État "in the sense that" another State "did not understand these States that
originated on the territory of the former State of Austria.
By contrast, the Czechoslovak Government on legal takes the view that ' other
It is also state "means the Republic of Czechoslovakia.
2. the Government of the Czechoslovak notes that, according to the State of its legislation
is dovolávati it is allowed with the Supreme Administrative Court also in matters of
free discretion. Therefore, in its opinion, the Court is the protection of minorities in the
Republic of Czechoslovakia in a wider range than in the Republic is granted
The Austrian, according to State legislation excluded dovolávati,
the Administrative Court in matters of discretion and possible is in such
cases, only dovolávati the Constitutional Court, with regard to the violation of
political rights of State citizens.
3. the article. 7 following consultations both Governments the same opinion about the fact that when the danger in
delay can happen, from which optuje do provisional measures
against the optantům option in the time between the application and filed out of the drawing-
the official certificate about her.
4. the article. 1, para. 2, agreed that on the issue of whether, and if it is
ustanovovati foreign nationals it is allowed for teachers at private
schools and educational institutions, which this agreement applies, shall be decided by
in each State the legislation now in force.
5. The question of the establishment of public schools with the Czechoslovak language, civil
teaching in the Republic of Austria could not be dealt with at the time, for
had agreement on the interpretation of article. 68 Treaty with Austria and article. 9 of the Treaty
with the Republic of Czechoslovakia.
6. the contracting period establishes for the time being four years looking for the
According to the article. 14 deadline for eviction, čítajíc in this option, the time limit shall be three
years: therefore, by both States as necessary, to the minimum period of
This contract exceeded the time limit.
7. This final Protocol is an essential part of the contract.
In Brno on 7 December. June 1920.
For the Czechoslovak Republic:
Prof. Dr. Anton Hobza v.r.
L.S.
This agreement shall be designated as did that was based on the resolution of the
The National Assembly of 13 December. July 1920 approved the ratification
the Charter of 25 June. February 1921, which was signed by President
the Czechoslovak Republic and the Minister of Foreign Affairs.
Day 10. March 1921 was drawn up in Vienna Protocol on the exchange of the instruments of
instruments of ratification, which became the international scope of the contract.
The National Assembly passed at the same time, the Minister Affairs
Foreign stores, in agreement with all the participating Ministers made
other measures, which should be to perform this contract.
T. g. Masaryk v.r.
Dr. Benes v.r.
