Perda por força da lei (ex lege) para pessoa com dupla nacionalidade (involuntária)

Cenários de exemplo

Os cenários de exemplo são exibidos em inglês.

• not eligible (retention) — he loses Montenegrin citizenship ex lege from the date of his German naturalisation

  Art 24(1)(1): an adult Montenegrin who ALSO holds another citizenship loses Montenegrin citizenship po sili zakona when he VOLUNTARILY acquires the foreign citizenship, except in the Art 18(2) reciprocal-treaty case. There is no nationality-regulating ME–Germany treaty, and the Art 18(2) gateway is statutory-but-hollow (ME-ASSERT-078/087). He is a post-2006 acquirer, so the Const Impl Act Art 12(1) grandfathering does not reach him. Loss took effect on the day of acquisition (Art 31(2), danom nastupanja činjenica); the MUP decision is merely declaratory.

• eligible (retention) — he keeps Montenegrin citizenship as a protected pre-independence dual national

  Const Impl Act (2007) Art 12(1): every citizen of Montenegro who ALSO held another State's citizenship ON 3 June 2006 has a continuing RIGHT to retain Montenegrin citizenship (ME-ASSERT-096). This is the principal lawful exception to the Art 24 single-nationality regime and is NOT defeated by the ordinary Law's Art 24(1)(1) ex-lege loss, because his dual status predates and is grandfathered by the constitutional transition. Pin the basis to Const Impl Act Art 12 (the corrected article — NOT Art 4).

• not eligible (retention) — the child loses Montenegrin citizenship derivatively

  Art 24(3): where the (sole Montenegrin-citizen) parent loses Montenegrin citizenship under Art 24(1) item 1, the child also loses it — UNLESS the child would thereby be left stateless. Luka already holds US citizenship, so the anti-statelessness carve-out does NOT save him (ME-ASSERT-093). The father's own loss is the core Art 24(1)(1) voluntary-acquisition ground; the derivative child loss follows it.

• eligible (retention) — the statelessness carve-out blocks the child's derivative loss

  Art 24(3) provides that the child also loses Montenegrin citizenship when the parent loses under items 1-3 'osim ako ostaje bez državljanstva' — UNLESS the child would thereby be left stateless (ME-ASSERT-093). Because Anja holds no other citizenship, derivative loss cannot operate; she retains Montenegrin citizenship. The carve-out is a mandatory limit the authority must respect (Art 24(3)).

• conditional — turns on whether the foreign acquisition was 'dobrovoljno' (voluntary)

  Art 24(1)(1) strips citizenship only where the foreign citizenship was 'dobrovoljno stekao' (VOLUNTARILY acquired). Where the second nationality arose automatically/derivatively by operation of the other State's law rather than by the person's own application, whether the trigger is met is genuinely litigable (moderate-tier reading). She has the Art 31(3) right to be heard on the Art 24 facts before any declaratory decision and an upravni spor remedy before the Administrative Court (Art 29(4)) to contest voluntariness.

• not eligible (retention) — he loses Montenegrin citizenship ex lege for fraud

  Art 24(1)(2): a dual-national adult loses Montenegrin citizenship ex lege where it is established that the admission decision rested on a false statement or deliberate concealment of facts material to the decision — UNLESS he would thereby be left stateless (ME-ASSERT-088). Because he keeps his Bosnian citizenship, the statelessness carve-out does not apply, so loss operates. The MUP must still afford the Art 31(3) hearing and issue a reasoned declaratory decision reviewable by upravni spor.