Determinación de sucesión Independencia-2006

Escenarios de ejemplo

Los escenarios de ejemplo se muestran en inglés.

• eligible — she is a Montenegrin citizen by the succession determination and lawfully retains dual status

  She is Population A: Const Impl Act Art 12(1) vests a continuing right to retain Montenegrin citizenship in everyone who also held another nationality ON 3 June 2006 (ME-ASSERT-096). The determination is DECLARATORY (A266) — she IS a citizen, confirmed by her register entry (Law Art 39, ME-ASSERT-098), and proves it by a certificate of citizenship (Art 3). No fresh acquisition application is required; her dual status is the robust real-world exception to the Art 24 bar.

• conditional — he may obtain a deadline-free determination of citizenship on proof of his pre-2006 status

  He is Population C-unregistered: Law Art 40 lets the authority DETERMINE citizenship, on request, for a person who acquired it under prior regulations but was never registered — and Art 40 carries NO filing deadline of its own (contrast the closed Arts 41-41v windows). The binding constraint is evidentiary, not temporal: he must prove acquisition under prior rules from the historic books of citizens (Art 46, kept 100 years) and prior-regulation records. Decided within the Art 29(3) one-year ceiling, reviewable by upravni spor.

• not eligible (retention via succession) — the post-2006 window has closed; he is governed by the Art 24 ex-lege loss regime

  He falls in Population B: Const Impl Act Art 12(2) allowed retention only until a bilateral agreement was signed and at most one year from adoption of the Constitution (adopted 22 Oct 2007), so the window EXPIRED ~22 Oct 2008 (ME-ASSERT-097). He acquired the second nationality in 2010, outside that window, so he has no succession retention right and is thrown onto Art 24(1)(1) ex-lege loss (cross-ref ME-XDP-01). He is not a 3-June-2006 dual holder, so Art 12(1) does not save him.

• not eligible (under the transitional route) — the Arts 41-41v filing windows are closed

  Population D: Arts 41-41v gave former-SFRY-republic nationals with pre-3-June-2006 prebivalište a facilitated transitional naturalisation on a reduced Art 8(1) item set (4,5,7,8), but only within the statutory filing deadlines (5 May 2011 / 31 Jan 2012 / 31 Jul 2012), all now CLOSED (ME-ASSERT-099). The only residual is the now-elapsed five-year anti-statelessness tail (Art 41(3)). He is not stateless (holds Serbian citizenship), so no residual applies; he would have to use ordinary naturalisation (ME-NAT-01) instead.

• conditional — anti-statelessness obligations support recognition through an Art 40 determination, subject to evidence

  If he genuinely acquired citizenship under prior regulations, Law Art 40 affords a deadline-free determination (no temporal bar), and the durable historic records (Art 46) support reconstructing an unrecorded status. The anti-statelessness overlay is an active interpretive thumb on the scale: Const Impl Act Art 5 carries pre-2006 human-rights treaties forward, and CETS No. 200 (avoidance of statelessness in State succession, EIF for ME 1 Aug 2010, ME-ASSERT-075) obliges Montenegro to avoid statelessness arising from the 2006 succession. Outcome turns on the evidentiary determination.

• eligible — she is deemed a Montenegrin citizen on the register-based continuity baseline; no application needed

  Law Art 39: a person who acquired Montenegrin citizenship under prior regulations AND is entered in the register of citizens is DEEMED a Montenegrin citizen for purposes of the Law (ME-ASSERT-098). This is the declaratory founding-citizenry baseline (A266) — her status was fixed at the 3 June 2006 succession and is documentary, not a new acquisition. She simply proves it with a citizenship certificate (Art 3).