With Austria's Nationality And The Protection Of Minorities

Original Language Title: s Rakouskem o státním občanství a ochraně menšin

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=2386&nr=107~2F1921~20Sb.&ft=txt

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.