Slovak nationality law
Slovak nationality law
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Slovak nationality law

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Slovak nationality law

Slovak nationality law is the law governing the acquisition, transmission and loss of Slovak citizenship. The Citizenship Act is a law enacted by the National Council of Slovakia in regard to the nationality law following the dissolution of Czechoslovakia. In 2010, it was controversially amended, enacting loss of Slovak citizenship upon naturalization elsewhere. This was said to have affected the 2012 election to some degree.

Prior to 1993, the Slovak Republic was a part of the now defunct state of Czechoslovakia. On 19 January 1993, after the Slovak Republic had become a separate state, the National Council of the Slovak Republic enacted a nationality law to establish "the conditions of gain and loss of citizenship" in the newly formed republic. The law came into effect the day after its publication on 16 February. Citizenship applications would be issued by the Ministry of Interior after application with a district office. A citizen of Czechoslovakia as of 31 December 1992, who was not already a citizen of the Slovak Republic, could acquire Slovak citizenship upon declaration until 31 December 1993. Citizenship was also open to those who had lost Czechoslovak citizenship as a result of territorial dissolution after the fall of the Austro-Hungarian Empire. Under the 1993 law, a citizen could lose Slovak citizenship only at his or her own request, after having acquired citizenship in another country. However, release of citizenship would not be allowed for people who owed taxes, were under criminal investigation, serving a prison sentence or who were fugitives.

Neighboring Hungary passed a resolution on 26 May 2010, amending its own nationality law to allow any ethnic Hungarian living abroad (who was able to speak the Hungarian language, and was a Hungarian citizen before 1920 or a descendant of a pre-1920 Hungarian citizen) to seek Hungarian citizenship. The new Hungarian law, which was enacted by a majority of 344 votes in favor with three opposed and five abstentions, elicited a reaction in the surrounding region. The strongest reaction came from Slovakia. Prime Minister Robert Fico said Hungary's action was a "security threat," because Slovakia hosts a 500,000-strong Hungarian minority community within its borders that could possibly become citizens of Hungary. That same day, Slovakia passed a motion to amend the Citizenship Act to limit dual citizenship by barring Slovak citizenship for anyone, who acquired foreign citizenship by an act of will. The amendment did not, however, bar dual citizenship for those who acquired it at birth or by marriage.

The verbal spat continued the following year when Hungarian Deputy Prime Minister and Justice Minister Tibor Navracsics complained to the European Union's Justice Commissioner Viviane Reding that the law allegedly violated the EU's Charter of Fundamental Rights in that he believed it was against the free choice of identity and that Slovakia should be punished if it was found to be in violation of the charter:

I believe the European Union must go further than saying this is a Hungarian-Slovak conflict ... because it violates the charter of fundamental rights. If a democracy robs its own citizens of their citizenship by applying sanctions against people who practice their right to a free choice of identity, I believe it becomes a problem of democracy.

The amendments affected voting in the Slovak 2012 parliamentary election, when some people who attempted to vote were turned away because they had been granted Hungarian citizenship.

Under the Citizenship Act, Slovak citizenship can be acquired by birth, adoption or grant (naturalization).

A child is a citizen upon birth if one or both parents is a Slovak citizen. Additionally a child born within the nation's territory to non-citizen parents may acquire citizenship if the parents are stateless, if the parents are unknown and there is no proof of foreign citizenship, or if the child does not choose to adopt the parents' nationality. When one parent is a citizen and the other is not, the child is considered a Slovak citizen even if the citizen parent is later determined not to be the child's actual parent.

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