K problémům mezinárodních smluv se vztahem ke státnímu občanství ČR

The author of the present study deals with some problems of legal sources of the regulation of acquisition and renunciation of the Czech citizenship. He points out the so cailed ultraactivy of these municipal legal acts. Despite their abolition, they shall remain still a criterion for evaluation if someone became the citizen of the Czech Republic at 1 January 1993 (the qualifying date). More controversial question arises in point of the international agreements contracted by the Czech Republic regulating the question of a dual citizenship. Whereas the multilateral pacts concerning human rights and basic freedoms (including a right to acquire the nationality) are covered by the Article 10 of the Constitution of the Czech Republic, the former ones are not clear matter of the aplication of this Artide. Because of lacking required formula ("except as otherwise provided for in international agreements by which the Czech Republic is bound") in the Czech Citizenship Act 1993 concernig these contracts (e.g. with Poland, Hungary, Mongolia, Russia etc.) appears the problem of their applicability within the Czech Republic in relation to individuals. So far Czech courts have not resolved that question and according to the author a lot of serious difficulties could arise for individuals in question. Of course, a binding force of these international agreements in state-to-state relations is undoubted since the Czech Republic declared in the special Reception Constitutional Act 1993 its will to respect all international commitments of the former Czechoslovak Federation.