Komentator:
"Wladze moga tez odmowic zwolnienia
z obywatelstwa osobom przeciw ktorym tocza sie procesy sadowe, a nawet gdy sa
podejrzane, nie placa podatkow lub nie odbyly sluzby wojskowej (np. Niemcy)."
Rada Europy:
conventions.coe.int/Treaty/en/Reports/Html/166.htm
"Article 8 - Loss of nationality at the initiative of the individual
The will of the individual is a relevant factor for the permanence of the legal
bond with the State which characterizes nationality; therefore, States Parties
should include in their internal law provisions to permit the renunciation of
their nationality providing their nationals will not become stateless.
Renunciation should be interpreted in its widest sense, including in particular
an application to renounce followed by approval of the relevant authorities.
Problems may arise where persons are allowed or required to renounce their
nationality before they have acquired the nationality of another State. Where
the acquisition of nationality is subject to certain conditions which have not
been fulfilled and the persons concerned failed to acquire the new nationality,
the State whose nationality has been renounced must allow them to recover their
nationality or must consider that they never lost it, so that statelessness
does not occur.
The possible fees related to such a renunciation must not be unreasonable (see
paragraph 1 of Article 13 of the Convention).
Paragraph 2 of Article 8 allows States to limit the right to renounce their
nationality in paragraph 1 to nationals who have their habitual residence
abroad. It is not acceptable under Article 8 to deny the renunciation of
nationality merely because persons habitually resident in another State still
have military obligations in the country of origin or because civil or penal
proceedings may be pending against a person in that country of origin. Civil or
penal proceedings are independent of nationality and can proceed normally even
if the person renounces his or her nationality of origin. "
WY PONIALI, LEJTENANT? JESZCZIO RAZ:
*****It is not acceptable under Article 8 to deny the renunciation of
nationality merely because persons habitually resident in another State still
have military obligations in the country of origin or because civil or penal
proceedings may be pending against a person in that country of origin. Civil or
penal proceedings are independent of nationality and can proceed normally even
if the person renounces his or her nationality of origin.******
Ta klauzula wykladni bedzie kosztowac Polske miliony euro.
Juz niedlugo...
