X (Establishment of Czechoslovak Nationality Case)

• Jurisdiction: Republica Checa
• Date: 30 June 1923
• Docket Number: Case No. 2
• Court: Obsolete Court (Czechoslovakia)

Czechoslovakia, Supreme Administrative Court.

Case No. 2

In re X.

(Establishment of Czechoslovak Nationality (Heimatrecht) Case.)

Establishment of New State — Coming into Existence of the Czechoslovak State — Establishment of Nationality Therein.

The Facts.—The plaintiff possessed the right of citizenship (Heimatrecht) in an Austrian commune. On 2 November, 1918, he was given an appointment in the service of the town of Brno (Brünn) in Czechoslovak territory. His appointment was subsequently annulled on the ground that, being a foreigner, he could not become an official of a Czechoslovak community. He appealed against this decision.

Held by the Supreme Administrative Court: That the appeal of the plaintiff must be dismissed. On 28 October, 1918, the independent Czechoslovak State came into existence (Law of 28 October, 1918, No. 111). Simultaneously with the establishment of a new State there comes necessarily into existence also its particular nationality. Accordingly, simultaneously with the establishment of the independent...