By EUDO CITIZENSHIP expert Gerd Valchars

A legislative change to the Austrian Nationality Act is on its way through parliament. The amendment provides the legal basis to denationalise Austrian nationals with dual nationality fighting in armed conflicts. In its plenary session of 10 December the first chamber (National Council) passed the law with the votes of the ruling Social Democrats and the conservative People’s Party. Approval by the second chamber (Federal Council) is to be expected for 18 December. The amendment will enter into force by 1 January 2015.

The amendment of the new Art. 33 (2) extends an existing provision for loss of Austrian citizenship in case of voluntary service in the army of a foreign state and reads as follows: “A national who voluntarily and actively participates in an organised armed group in hostilities abroad as part of an armed conflict, shall be deprived of nationality unless he would thereby become stateless ” (“Einem Staatsbürger, der freiwillig für eine organisierte bewaffnete Gruppe aktiv an Kampfhandlungen im Ausland im Rahmen eines bewaffneten Konfliktes teilnimmt, ist die Staatsbürgerschaft zu entziehen, wenn er dadurch nicht staatenlos wird”).

The amendment is part of a package of measures by the government against Austrians fighting in jihadist groups. Further measures include denying minors the right to leave the EU without the consent of their parents.

Read the legal proposal (in German), the Parliamentary news report (in German) and a prior EUDO CITIZENSHIP news item on that topic. 

Read an op-ed commentary by EUDO CITIZENSHIP co-director Rainer Bauböck in the Austrian daily Der Standard (in German) and consult our current Forum Debate on ‘The return of Banishment’.