Belgian nationality

Before the Code of Nationality

Two periods: before 1967 and between on January 1st, 1967 and on January 1st, 1985

Before 1967

Was Belgian:

the child legitimates born of a Belgian father
the newborn of a Belgian mother and unknown father. In this case, the recognition by the foreign father involved the loss of Belgian nationality

Famous cases of non-transmission:

Johnny Hallyday forever be Belgian, like his/her father, because his/her parents were not married.
Pierre Arditi and Jacques Higelin Belgian because was not born from Belgian mother.

Between on January 1st, 1967 and on January 1st, 1985

Was Belgian:

the newborn in Belgium, of a Belgian relative
the child legitimates abroad, abroad born Belgian father
the newborn of a Belgian mother itself born in Belgium.

Code Nationality

The Code of Belgian nationality was promulgated by the Loi of the June 28th 1984 entering in viguer on January 1st 1985. It is composed

CHAPTER 1st. - GENERAL PROVISIONS.

Articles 1 to 7

CHAPTER II. ATTRIBUTION OF BELGIAN NATIONALITY.

Section 1. Attribution of Belgian nationality because of the nationality of the father or the mother.

Article 8.

§ 1st. Are Belgian:

1° the newborn in Belgium of a Belgian author;
2° the newborn abroad:

a) of a Belgian author born in Belgium or in territories subjected to sovereignty Belgian or entrusted to the administration of Belgique.
b) of a Belgian author having made within five year from the birth a statement claiming, for his/her child, the attribution of nationality belge.
c) of a Belgian author, provided that the newborn does not have, or does not preserve until the eighteen years age or its emancipation before this age, another nationalité.

La statement envisaged with the first subparagraph, 2°, B, made, is registered and mentioned in accordance with article 22, § 4.
Celui to which it Belgian nationality was allotted under the terms of the first subparagraph, 2°, C, preserves this nationality as long as it was not established, before it reached the eighteen years age or was not émancipé before this age, that it has a nationality étrangère.

§ 2. For the application of the paragraph 1st, the author must have Belgian nationality at the day of the birth of the child or, if he died before this birth, at the day of sound décès.

§ 3. The filiation established with regard to a Belgian author after the date of the judgment or the stop approving or pronouncing the adoption allots Belgian nationality to the child only if this filiation is established with regard to adopting or of the spouse of this one.

§ 4. The person to which the Belgian nationality of its author was allotted preserves this nationality if filiation ceases being established after it reached the eighteen years age or summer émancipée before this age. If filiation ceases being established before the eighteen years age or the emancipation former to this age, the last acts before the filiation ceases being established and whose validity is subordinated to the possession of Belgian nationality cannot be disputed for the only reason that the interested party did not have this nationality. He is the same of the acquired rights before the same date.

Section 2. - Attribution of Belgian nationality because of an adoption.

Article 9.

Section 3. - Attribution of Belgian nationality because of the birth in Belgium.

Article 10 , Article 11 , Article 11bis

Section 4. Attribution of Belgian nationality by collective effect of an act of acquisition.

Article. 12.

CHAPTER III. - ACQUISITION OF BELGIAN NATIONALITY.

Section 1 . - Acquisition of Belgian nationality by declaration of nationalité.==

Article 12bis.

Section 2 . - Acquisition of Belgian nationality by option.

Article 13. , Article 14. , Article 15.

Section 3. - Acquisition of Belgian nationality by the foreign spouse of a Belgian person.

Article 16.

Section 4. Acquisition of Belgian nationality because of the possession of state of Belgian.

Article 17.

Section 5 . - Acquisition of Belgian nationality by naturalization.

Article 18. , Article 19. , Article 20. (Repealed) by L 1993-08-06/35, Article 7,004; Into force: 03-10-1993 , Article 21.

CHAPTER IV. - LOSS OF BELGIAN NATIONALITY.

Article 22. , Article 23.

CHAPTER V. - COVERING OF BELGIAN NATIONALITY.

Article 24.

Vbis CHAPTER. - Competences of opinion of the parquet floor.

Article 24bis.

CHAPTER VI. - REGISTERS AND MENTIONS.

Article 25.

CHAPTER VII. - TRANSITIONAL PROVISIONS.

Article 26. , Article 27. , Article 28. , Article 29. , Article 30.

Update: 8/26/2006.

Source: http://www.juridat.be/cgi_loi/loi_F.pl?cn=1984062835

Reform in progress

the reform of Laurette Onkelinx is this one:

It wishes to introduce double-nationality. That requires two points: the abrogation of article 22-1-1 of the Code of Belgian nationality and the abandonment of Chapter I of the Convention (of the Council of Europe) of Strasbourg of 1963 on the plurinationality. During the ratification of the treaty by the States left, each country was to decide if it applied Chapter I, envisaging the withdrawal of initial nationality by the country of origin during the voluntary acquisition of the nationality of another State left having ratified Chapter I. the expressed choice was final. France and Belgium left in Chapter I Convention, therefore removes their nationality in the event of naturalization of a national at the other country.
Under the terms of article 44 of the Convention of Vienna on the Treaties, one must denounce a whole treaty except if the treaty envisages other methods and if the other parts with the treaty give their formal agreement for the cancellation of part of the treaty.
Laurette Onkelinx launched the request for agreement to the other countries left, whose France on July 25th, 2005 via the ambassador near the Council of Europe, to repeal the ratification of the Chapter I.
In May 2006, it still missed the agreement of Ireland and Luxembourg. But the Belgian Council of Ministers approved on this date a bill transmitted for legal opinion to the Council of State.
on December 28th, 2006, a law-program modified the Code of Belgian nationality. The reform of article 22-1-1 waits to come into effect a Royal Decree. Ireland gave its agreement and Luxembourg would have, according to the remarks of a senator, given at the very least his verbal agreement. As of the abrogation of Chapter I of the Convention (of the Council of Europe) of Strasbourg of 1963 on the plurinationality, the decree will be able to appear. The citizens of the countries ratificataires of Chapter I will not have to lose their nationality any more by taking Belgian nationality (Johnny Hallyday inter alia) and the Belgians will not lose obligatorily any more their nationality by taking foreign nationality, except if the law of the new fatherland requires it.
In January 2007, the Onkelinx minister was committed giving to the Parquet floors instructions on the rehabilitation of the former Belgians, in order to take account of the new provisions removing the automatic loss of Belgian nationality in the event of naturalization abroad. This concerns the former Belgians who would have lost nationality automatically by the effect of the old law. These former Belgians would thus have the possibility of a semi-automatic rehabilitation in Belgian nationality according to article 24 of the code of nationality, without the Parquet floor being able to it to be opposed, except in " serious cases; incomptatibles with the quality of Belge".
on this same occasion, the Onkelinx minister was also committed as soon as possible setting up the royal decree for the countries not signatories of the aforesaid Convention (these countries signatories being in particular France, Austria, Sweden, Netherlands, Luxembourg and Ireland). The automatic loss of Belgian nationality in the event of naturalization in the countries signatories would continue to remain in force until the abrogation of Convention, whereas naturalization in all the other countries not signatories would not involve any more the loss of Belgian nationality, with immediate effect, except so of course, the host country requires the loss of former nationality, which is very frequent.

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