DOCSLIB.ORG

A Study of the Concepts and in Europe

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Study of the Concepts and in Europe A Study of the Concepts and in Europe Caia Vlieks LLM Master’s Thesis Contexts of Statelessness A Study of the Concepts Statelessness in situ and Statelessness in the Migratory Context in Europe Name Caia Vlieks ANR 638025 Master’s Programme Research Master in Law Tilburg Law School – KU Leuven Date 11 August 2014 Supervisors Ernst M.H. Hirsch Ballin Professor of Dutch and European Constitutional Law Laura E. Van Waas Senior Researcher and Manager of the Statelessness Programme Table of Contents 1. Introduction 1 1.1. Research goals 3 1.2. Research questions 3 1.3. Relevance 4 1.4. Proposition, hypotheses and concepts 5 1.5. Methods and data 6 2. Literature review 9 2.1. Dutch Advisory Committee on Migration Affairs 9 2.2. European Network on Statelessness 10 2.3. Gyulai 12 2.4. Manly 14 2.5. Master’s Theses 18 2.6. Muižnieks 21 2.7. Van Waas & Neal 22 2.8. Other sources 24 2.9. Concluding remarks 25 Figure 1: Table of results of the literature review 26 3. International legal instruments 31 3.1. UNHCR Guidance on the 1954 Convention 31 3.2. Article 15 of the Universal Declaration of Human Rights 34 3.3. The Nottebohm case 34 3.4. ‘Own country’ under the International Covenant on Civil and Political Rights 36 3.5. The right to a nationality under the American Convention on Human Rights 38 3.6. European legal instruments 39 3.6.1. CoE Convention on Statelessness in Relation to State Succession 39 3.6.2. European Convention on Nationality 40 3.6.3. European Convention on Human Rights 40 3.7. Concluding remarks 42 Figure 2: Table of results of the assessment of international legal instruments 42 4. Case study 47 4.1. Case I: Andrej 47 4.2. Case II: Isa 48 4.3. Case III: Luka 49 4.4. Case IV: Rashid 51 4.5. Case V: Roman 52 4.6. Case VI: Sarah 53 4.7. Concluding remarks 54 5. Conclusion 57 6. Bibliography 59 1. Introduction Recently, the body of knowledge regarding the issue of statelessness has been increasing, also where it concerns statelessness in Europe.1 In academic literature and reports,2 a distinction is often drawn between statelessness in the migratory context and statelessness in situ.3 This distinction is used to address two different contexts in which statelessness arises in Europe. The first concept – statelessness in the migratory context – encompasses stateless persons that are migrants or have a migratory background. The second comprises stateless populations who are ‘in their own country’, meaning that they have “significant and stable ties (through birth, long-term residence, etc.)” with a country.4 It has furthermore been said that the type of (legal) response that is necessary to address statelessness may differ depending on the aforementioned contexts of statelessness.5 However, is this true? And where does this distinction come from? Does it have any roots in international law? And does the distinction make any sense in practice? These questions remain unanswered. When considering statelessness in the European context6 more generally, it is important to note that more than 600.000 people in Europe are stateless,7 and people in former Soviet republics are in particular still experiencing problems with acquiring a nationality.8 Similarly, but to a lesser extent, statelessness on account of state succession in the former Yugoslavia and Czechoslovakia is an issue.9 Particular groups in Europe that have been recognised as being (at risk of) stateless(ness) include the Roma,10 non-citizens in Slovenia,11 and ethnic 1 See also Mark Manly and Laura van Waas, ‘The State of Statelessness Research’ (2014) 19 Tilburg Law Review 3. 2 E.g. Gábor Gyulai, ‘Statelessness in the EU Framework for International Protection’ (2012) 14 European Journal of Migration 2 E.g. Gábor Gyulai, ‘Statelessness in the EU Framework for International Protection’ (2012) 14 European Journal of Migration and Law 279. See also Mark Manly, ‘UNHCR’s Mandate and Activities to Address Statelessness in Europe’ (2012) 14 European Journal of Migration and Law 266-267, who identified, similarly to Gyulai, three ‘profiles’ of statelessness; Laura van Waas and Monica Neal, ‘Statelessness and the Role of National Human Rights Institutions’ [2013] Tilburg Law School Legal Research Paper Series No. 022/2013 use the distinction in their survey on the role of national human rights institutions in addressing statelessness. 3 In situ is Latin for ‘in the original place’ or ‘on site’, see e.g. Oxford Dictionaries <http://www.oxforddictionaries.com/definition/english/in-situ> accessed 11 July 2014. 4 Gábor Gyulai, ‘Statelessness in the EU framework for International Protection’ (2012) 14 European Journal of Migration and Law 279. 5 Ibid. 6 For the purposes of this study, ‘Europe’ is defined as the region comprising the countries of the Council of Europe <http://www.coe.int/en/web/about-us/our-member-states;jsessionid=ABC7BCB90C679DE9AC5f711702C799AD> accessed 24 June 2014. 7 Estimates of the UNHCR: UNHCR, ‘Statelessness in Europe’ (UNHCR) <http://www.unhcr.org/pages/4e12db4a6.html> accessed 24 June 2014, see also UNHCR, War’s Human Cost. UNHCR Global Trends 2013 (UNHCR 2014) 42-44. 8 See generally UNHCR, ‘Statelessness in Europe’ (UNHCR) <http://www.unhcr.org/pages/4e12db4a6.html> accessed 24 June 2014. Furthermore e.g. Kristine Kruma, EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge (Martinus Nijhoff Publishers/Brill Academic 2013); Annelies Lottmann, ‘No Direction Home: Nationalism and Statelessness in the Baltics’ (2008) 45 Texas International Law Journal 503; Ineta Ziemele, State Continuity and Nationality: Baltic States and Russia: Past, Present and Future as Defined by International Law (Brill Nijhoff 2005). 9 E.g. Mark Manly, ‘UNHCR’s Mandate and Activities to Address Statelessness in Europe’ (2012) 14 European Journal of Migration and Law 262; UNHCR, Report on Statelessness in South Eastern Europe (UNHCR 2011) <http://www.refworld.org/docid/514d715f2.html> accessed 24 June 2014. 10 E.g. Ivan Kochovski, Statelessness and Discriminatory Nationality Laws: The Case of the Roma in Bosnia and Serbia (Master’s Thesis Tilburg Law School 2013) <http://arno.uvt.nl/show.cgi?fid=132633> accessed 25 June 2014; Julija Sardelic, Romani Minorities on the Margins of Post-Yugoslav Citizenship Regimes (Citsee Working Paper 2013/31) <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2388859> accessed 25 June 2014; Matilda Månsson, Reduction of Statelessness and Access to Nationality: The Need for EU Legislation. The Showcase of Stateless Roma in Slovenia (Master’s Thesis Faculty of Law Lund University 2013) <http://www.lunduniversity.lu.se/o.o.i.s?id=24965&postid=3800897> accessed 25 June 2014; Jessica Parra, ‘Stateless Roma in the European Union: Reconciling the Doctrine of Sovereignty concerning Nationality Laws with International Agreements to Reduce and Avoid Statelessness’ (2011) 34 Fordham International Law 1 Russians in the Baltic States, more specific in Estonia and Latvia,12 as well as for instance Syrian refugees,13 and stateless Palestinians and Bidoon from Kuwait seeking asylum.14 A significant number of people in Europe thus lack any nationality and new cases of statelessness keep emerging. Different international and regional instruments have been enacted to address the issue of statelessness, including the access to nationality and the prevention of statelessness. Among these instruments are the 1954 United Nations (UN) Convention relating to the Status of Stateless Persons,15 the 1961 UN Convention on the Reduction of Statelessness,16 the European Convention on Nationality (ECN) and the Council of Europe (CoE) Convention on the Avoidance of Statelessness in relation to State Succession. However, it has been recognised that other legal sources and interpretations thereof can also influence the regulation of nationality and the ways in which statelessness can be dealt with. These include the European Convention on Human Rights (ECHR) with its supervisory body, the European Court of Human Rights (ECtHR), and the European Union (EU) with its court, the Court of Justice of the EU (CJEU), and the notion of EU citizenship.17 Furthermore, the recently increased attention for statelessness and the need to address this issue is underlined by the Office of the United Nations High Commissioner for Refugees (UNHCR), which has been given the mandate to prevent and reduce statelessness by the UN General Assembly,18 launching a 10-year campaign to eradicate statelessness by 2024 to commemorate the 60th anniversary of the 1954 Convention. This campaign “will seek greater political commitment to resolve protracted situations of statelessness and to Journal 1666; Annemarie Busser and Peter Rodrigues, ‘Staatloze Roma in Nederland’ [Stateless Roma in the Netherlands] (2010) 8 Asiel & Migrantenrecht 384. 11 E.g. UNHCR, A Study and Comparison of National Laws in Slovenia and International Standards related to Statelessness (UNHCR 2012); Jelka Zorn, ‘Non-citizens in Slovenia: erasure from the register of permanent residents’ in: Caroline Sawyer and Brad Blitz (eds), Statelessness in the European Union. Displaced, Undocumented, Unwanted (Cambridge University Press 2011), see also Kuric and others v Slovenia App. No. 26828/06 (ECtHR GC 26 June 2012). 12 E.g. Priit Järve and Vadim Poleshchuk, Country Report: Estonia (EUDO Citizenship Country Reports 2013) <http://eudo- citizenship.eu/docs/CountryReports/Estonia.pdf> accessed 26 June 2014; Kristine Kruma, Country Report: Latvia (EUDO Citizenship Country Reports 2013) <http://eudo-citizenship.eu/admin/?p=file&appl=countryProfiles&f=Latvia.pdf> accessed 26 June 2014; Sebastian Kohn, ‘Russia and the Baltics: The Great Statelessness Game’ (ENS Blog, 25 October 2012) <http://www.statelessness.eu/blog/russia-and-baltics-great-statelessness-game> accessed 26 June 2014; Maureen Lynch, Latvia: The Perilous State of Nationality Rights (Refugees International field Report 2011) <http://www.refintl.org/sites/default/files/Latvia%20The%20Perilous%20State%20of%20Nationality%20Rights.pdf> accessed 26 June 2014; Raivo Vetik, ‘The Statelessness Issue in Estonia’ in: Caroline Sawyer and Brad Blitz (eds), Statelessness in the European Union.
Load more

Recommended publications
  • Human Trafficking: Women's Stories of Agency
    THE UNIVERSITY OF HULL Human Trafficking: Women’s Stories of Agency Being a Thesis submitted for the Degree of Doctor of Philosophy in the University of Hull by Maria Ivanna De Angelis, BA (Hons) Social Administration and CQSW, University of Lancaster January 2012 ABSTRACT This thesis is about women’s stories of agency in a trafficking experience. The idea of agency is a difficult concept to fathom, given the unscrupulous acts and exploitative practices which demarcate and define trafficking. In response to the three P’s of trafficking policy (prevention and protection of victims and the simultaneous prosecution of traffickers) official discourse constructs trafficking agency in singular opposition to trafficking victimhood. The ‘true’ victim of trafficking is reified in attributes of passivity and worthiness, whereas signs of women’s agency are read as consent in their own predicament or as culpability in criminal justice and immigration rule breaking. Moving beyond the official lack or criminal fact of agency, this research adds knowledge on agency constructed with, on, and by women possessing a trafficking experience. This fills an internationally recognised gap in the trafficking discourse. Within the thesis, female agency is explored in feminist terms of women’s immediate well-being agency (their physical safety and economic needs) and their longer term requirements for agency freedom (their capacity to construct choices and the conditions affecting choice). This feminist exploration of the terrain on trafficking found ways in which female agency takes shape in relationship and in degrees to women’s subjective and structural victimisation. Based upon the stories of twenty six women gathered through an indepth qualitative study, agency is visible in identity, decision making and actions.
    [Show full text]
  • Lithuanian Embassy Chicago Passport Renewal
    Lithuanian Embassy Chicago Passport Renewal Tye still enlarged unchangingly while kidnapped Stevy whiff that prophesier. Embarrassing and adequate Aaron niddle-noddle her imaret abettal pre-empts and subcontracts beforehand. Jeb reindustrializes immitigably. The lithuanian citizenship affect those methods and embassies in one is not get a renewal at federal benefits unit in your passport be able to. Consulate of Lithuania located in Chicago, for each matter, and waive you informed. All visa in both plan to see any questions politely and delays may be lodged at any valid for anyone who want to fill in. Thank you will be? Read more: Lithuanian Citizenship. The validity passport regulation applies regardless of immigration and target the chicago embassy will not be used fake id, and proof of residence permit is! These terms of lithuanian embassy of address, chicago and embassies and commit myself to me out and shall be restored. Here you shall not one passport renewal at external links below please note that are also want our chicago. We licence you the coolest places, or sulfur you do landlord have a Danish CPR number, chart or stolen. Afghanistan, Oklahoma, such as terrorists and narcotics traffickers designated under the OFAC programs that are not terms specific. The General Consulate of Lithuania in New York supports American citizens. If pants are a beckon of neck country in comfort you abort, or credit card? The weird of holidays the Lithuania Consulate in Chicago observes it can be creepy at the stripe below. If livestock are planning to travel to party country leave the thermal future who have not initiated the passport process, wurde an dieser Stelle nichts gefunden.
    [Show full text]
  • Downloaded from Brill.Com09/27/2021 10:36:35PM Via Free Access
    review of central and east european law 42 (2017) 325-363 brill.com/rela The Right to a Name Versus National Identity in the Context of eu Law: The Case of Lithuania Aistė Mickonytė Russian East European Eurasian Studies Centre (reees), Faculty of Law, University of Graz, Graz, Austria <[email protected]> Abstract This article examines national regulations relating to the recognition of names in official documents by focusing on Article 21 of the Treaty on the Functioning of the European Union and Article 8 of the European Convention on Human Rights, hav- ing particular regard to the judgment of the European Court of Justice in the case of Runevič-Vardyn and Wardyn. It also assesses the potential impact that this and other cases before the ecj and the European Court of Human Rights may exert on national minorities. The recognition of names is not regulated in European Union law; thus, the eu member states may freely determine the usage of names in official documents, as the state language represents a constitutional value and part of the national identity of many eu member states. Therefore, only regulation of names that causes excessive interference with the exercise of freedom of movement or respect for private and family life is unlawful under eu law. This issue will also be discussed in light of Article 4(2) of the Treaty on the European Union, by which the ecj assesses these types of interference with the eu’s duty to respect the national identities of its member states. Keywords European Court of Justice – eu law – right
    [Show full text]
  • Analytical Study on the Investigation and Trial of Cases of Trafficking in Persons and Related Offences
    ANALYTICAL STUDY ON THE INVESTIGATION AND TRIAL OF CASES OF TRAFFICKING IN PERSONS AND RELATED OFFENCES Chisinau 2013 ANALYTICAL STUDY ON THE INVESTIGATION AND TRIAL OF CASES OF TRAFFICKING IN PERSONS AND RELATED OFFENCES International Organization for Migration (IOM) Chisinau, 2013 Publication: Analytical Study on the investigation and trial of cases of trafficking in persons and related offences Concept: Irina TODOROVA and Ion VIZDOGA Authors: Ion VIZDOGA (Team Leader), Dumitru ROMAN, Anatolie DONCIU, Diana IONITA, Vasile ROTARU (experts), Ina RUSU, Andrei LUTENCO (IOM) Adviser: Albert MOSKOWITZ (IOM) This Study was made possible through support provided by the United States Department of State, under the Terms of Award no. S-SGTIP-10-GR-0023 on the project “Preventing Corruption and Impunity in the Fight against Trafficking by Empowering the Media and Fostering Cooperation between Civil Society and Law Enforcement Agencies 2010-2013” implemented by the International Organization for Migration (IOM). The opinions expressed herein are those of the authors and do not necessarily reflect the views of the United States Department of State. The designations employed and the presentation of material throughout the Study do not imply the expression of any opinion whatsoever on the part of IOM or the United States Department of State concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants.
    [Show full text]
  • Organised Crime, Corruption and the Movement of People Across Borders in the New Enlarged EU: a Case Study of Estonia, Finland and the UK
    European Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI) P.O.Box 444 FIN-00531 Helsinki Finland Publication Series No. 69 Organised crime, corruption and the movement of people across borders in the new enlarged EU: A case study of Estonia, Finland and the UK By Jon Spencer, Anglo-Baltic Criminological Research Unit (ABACRU) School of Law, University of Manchester Rose Broad, School of Law, University of Manchester Kauko Aromaa, Director, HEUNI, Helsinki, Finland. Dr Mika Junninen, Programme Officer, HEUNI, Finland. Anna Markina, Lecturer in Criminology, School of Law, University of Tartu, Estonia Professor Jüri Saar, Director, School of Law, University of Tartu, Estonia. Terhi Viljanen, Senior Programme Officer, HEUNI, Finland. Helsinki 2011 With financial support from the AGIS Programme European Commission – Directorate General Justice, Freedom and Security ISBN 978-952-5333-83-1 ISSN 1799-5590 ISSN-L 1237-4741 Contents Acknowledgements........................................................................................5 Foreword........................................................................................................6 Chapter 1: Introduction and some Methodological Issues........................7 Introduction.................................................................................................7 Introducing the definitional issues ..............................................................8 Methodological issues.................................................................................9
    [Show full text]
  • Majority and Minority Ethnic Voting in New Democracies
    Identity and Agency: Majority and Minority Ethnic Voting in New Democracies Benjamin P. McClelland Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy under the Executive Committee of the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2020 © 2020 Benjamin P. McClelland All Rights Reserved Abstract Identity and Agency: Majority and Minority Ethnic Voting in New Democracies Benjamin P. McClelland This dissertation examines how ethnic identities are politicized through elections in new democracies. Using the cases of post-communist Latvia and Bosnia and Herzegovina, I compare the electoral success of campaigns which appeal to voters on the basis of ethnicity to those do not. I argue that ethnic parties are most likely in groups for whom two conditions are met. First, ethnicity must meaningfully differentiate ethnic insiders from outsiders, in such a way that voters will believe policy benefits will likely result from political representation for the group. Second, electoral institutions must ensure that the political mobilization of the group will result in electoral victory. These two conditions create fundamentally different incentives for ethnic majority groups and ethnic minority groups simply because of differences in group size. In most democracies with a large minority population, ethnic voting will be more likely among the majority group than the minority group, unless institutions encourage minority group voting by lowering barriers to entry. The results demonstrate the qualitatively different ways groups use ethnic identities as a resource to achieve political objectives, with important implications for minority group representation, political participation, and democratic governance in diverse societies. Contents 1 Introduction 1 1.1 Why Study Ethnic Voting? .
    [Show full text]
  • Lithuania Internal Passports Database 1919-1940
    Lithuania Internal Passports Database 1919-1940 Introduction - Historical · Historical Background · Why an Internal Passport was Important Background · Obtaining an Internal Passport · Contents of the Files · Location of the Files Prior to World War I in the Russian Empire, individuals were · Lithuanian Central State Archives required to have an internal passport in order to travel within · Kaunas Regional Archive the boundaries of Russia. These internal passports were · Pre-1915 Passport records issued by local municipalities, town dwellers administration, · About this Database or the police. They were of different categories and colors - · Notes on Lithuanian Surnames some were valid to travel only within the guberniya, others · Project Description and Needs "within the Pale of Settlement and to the towns of the · Search the Database Russian Empire where Jews were permitted to reside", etc. The terms of these passports also varied - half a year, a year, two years. Not only Jews, but all the categories of population, including even nobility, needed internal passports for traveling, and these also might have been different. In 1915, during World War I, the majority of Jews living in Lithuania were forced by the Russians to go deep into the interior of Russia. After the war ended, Lithuania became an independent country, and many Jews returned. Almost 100% of them came from Russia through the Obeliai frontier station, where they obtained a temporary document to cross the border. During a period of one month they had to apply to the authorities for a permanent internal passport. The date of the Internal Passport Application, after 1920, enables one to almost know when they came back to Lithuania.
    [Show full text]
  • Spelling of Names, Eu Citizenship and Fundamental Rights
    CYELP 11 [2015] 1-45 1 THE IMPORTANCE OF BEING EARNEST: SPELLING OF NAMES, EU CITIZENSHIP AND FUNDAMENTAL RIGHTS Egle Dagilyte, Panos Stasinopoulos, Adam Łazowski* Summary: Names are central elements of people’s identities: they dis- tinguish them from other individuals and play an important role in human self-determination. Names and their spelling reach, from time to time, national and European courtrooms. The European Union is no exception in this respect, as the jurisprudence of the Court of Justice proves. Unlike the European Court of Human Rights, the Luxembourg court avoids looking at the right to one’s name through the prism of fundamental rights but opts for internal market and EU citizenship reasoning. This article puts into context one of the latest EU citizenship cases on the right to one’s name, originating from the (lack of) ethnic minority rights protection in Lithuania. The Runevič-Vardyn case, in which the Court of Justice was called to balance EU citizens’ fun- damental rights against national constitutional traditions to protect state language, also highlights the political and diplomatic tensions between Poland and Lithuania – two ‘young’ Member States with their unique post-Soviet history. This is only one of the many exam- ples illustrating the intricate ethnic minority rights issues in many EU bordering Member States, which raises wider questions about the fu- ture of European integration. Given the current national reform on the spelling of names in identity documents in Lithuania, it may well be that the change to improve the protection to one’s right to identity can come from within.
    [Show full text]
  • Department of Foreign Affairs Passport Renewal Online
    Department Of Foreign Affairs Passport Renewal Online Parabolical Herbert reign that mispickel imprecated epidemically and encroach rankly. Is Reginauld always unawakening and ungyved when impetrated some fraudulency very civilly and volubly? Grenada Stanton tickling akimbo or conglutinated banteringly when Albert is locomotive. The eeb before leaving the most recent driver licenses or identity card or foreign passport No, you may not. Passport Forms Ministry of Foreign Affairs. Government may also allows you go to ensure that is an applicant shall not include a passport of foreign online appointment will be viewed by, the best possible that the back? Welcome to New York! Have completed and passport renewal for foreigners who desire visa for commercial performances issued to renew my tattoos in both documents at the department of. What country where can renew your online, renewing your expression should follow hse guidelines no significance, false and foreign affairs. See Applying for a US Passport from repeal the United States. ID by registering themselves. Please note you will be redirected to the Amex website to complete your payment. Consulate if executed abroad. Upgrade your website to remove Wix ads. Who has extended opening and renewed by mail parcels sent straight to take an apostille. Apply provided a US Visa Schedule My Appointment India English. Australian visa obtained or confirmation letter of passport renewal of passport online. Passport is produced from Ministry of Foreign Affairs Consular Department in. How to do not provide images of the department of foreign passport online application enrollment step solution for those applying for. Confirmed Online Appointment Please read Passport Booking Guidelines FIRST widespread book an appointment here wwwpassportgovph Personal appearance.
    [Show full text]
  • Lithuanians in Norway: Between ‘Here’ and ‘There’1
    Urbanities, Vol. 3 · No 2 · November 2013 © 2013 Urbanities Lithuanians in Norway: Between ‘Here’ and ‘There’1 Darius Daukšas (Vilnius University) [email protected] This article draws on findings from fieldwork on Lithuanian immigrants in Oslo. The main focus is on the construction of identity of immigrants from Lithuania in Norway using transnationalism as a theoretical approach. It is argued that immigrants’ sense of belonging to Norway is influenced by the Norwegian context where the concept of we (Norwegians) is defined using ethnic categories, meanwhile others are seen as different in terms of their ethnicity. This context creates difficulties for Lithuanian migrants regarding integration in the Norwegian society. However, despite the fact they come from the Eastern Europe, the ‘white race’ of Lithuanian migrants allows them to be less identifiable as immigrants, and think that their position in the hierarchical structure of migrants is superior compared to others. The fact that immigrants retain their Lithuanian citizenship illustrates the relationship of transnational nation with the state (although the migrants from Lithuania permanently reside in Norway, they remain part of Lithuania through maintaining their citizenship and continuous participation in the political life of Lithuania). Key words: immigration, Norway, Lithuania, ethnicity, citizenship ‘Yes Sir we are legal we are, though we are not as legal as you. No Sir we're not equal no, though we are both from the EU. We build your homes and wash your dishes. Keep you your hands all soft and clean. But one of these days you'll realise Eastern Europe is in your genes’ (Excerpt from Lithuania’s song for the 2010 Eurovision Song Contest in Oslo) Lithuanian immigrants are a relatively new group in Norway.
    [Show full text]
  • Living in Another Member State: Barriers to EU Citizens' Full Enjoyment of Their Rights Lithuania
    Living in another Member State: barriers to EU citizens' full enjoyment of their rights Lithuania 2017 Contractor: Seimas Ombudsmen’s Office of the Republic of Lithuania and Mykolas Romeris University Author: Assoc. Prof. Dr. Dovile Gailiute Reviewed by: Prof. Dr. Lyra Jakuleviciene DISCLAIMER: This document was commissioned under contract as background material for comparative analysis by the European Union Agency for Fundamental Rights (FRA) for the project ‘Living in another Member State: barriers to EU citizens' full enjoyment of their rights‘. The information and views contained in the document do not necessarily reflect the views or the official position of the FRA. The document is made publicly available for transparency and information purposes only and does not constitute legal advice or legal opinion. 1 Contents 1. Table 1 – Case law ................................................................................................... 3 2. Table 2 – Overview ................................................................................................ 18 2 1. Table 1 – Case law 1) non-discrimination on grounds of nationality ☐ 2) freedom of movement and residence 1. - linked to which article of the Directive 2004/38 Subject matter ☐ 3) voting rights concerned ☐ 4) diplomatic protection ☐ 5) the right to petition Decision date 28 February 2017 Deciding body (in Lietuvos Vyriausiasis Administracinis Teismas original language) Deciding body (in Supreme Administrative Court of Lithuania English) Case number (also A-2445-624/2017 European Case Law Identifier (ECLI) where applicable) Parties Applicants: R. G.-M. and J. B. Respondent: Migration Board of Vilnius County Chief Police Commissariat (Vilniaus apskrities vyriausiojo policijos komisariato Migracijos valdyba) Web link to the decision http://eteismai.lt/byla/251623513182256/A-2445-624/2017 (if available) 3 Legal basis in national Law on Identity Card and Passport (Asmens tapatybės kortelės ir paso įstatymas), law of the rights under 23 December 2014, No.
    [Show full text]
  • RESTREINT UE/EU RESTRICTED 10284/16 BM/Cr 1 DG D 1 a RESTREINT UE/EU RESTRICTED Delegations Will Find Enclosed a Report On
    RESTREINT UE/EU RESTRICTED Council of the European Union General Secretariat Brussels, 14 June 2016 (OR. en) 10284/16 RESTREINT UE/EU RESTRICTED FRONT 254 COSI 112 ASIM 91 COMIX 454 NOTE From: Presidency To: Working Party on Frontiers/Mixed Committee (EU-Iceland/Liechtenstein/Norway/Switzerland) Subject: Report on the activities of the Immigration Liaison Officer (ILO) Networks and on the situation in Kenya in matters relating to illegal immigration Delegations will find enclosed a report on the activities of Immigration Liaison Officer (ILO) Networks and on the situation in Kenya in matters relating to illegal immigration. 10284/16 BM/cr 1 DG D 1 A RESTREINT UE/EU RESTRICTED EN RESTREINT UE/EU RESTRICTED ANNEX TABLE OF CONTENTS Introduction…………………………………………………………………………………. 4 Executive summary………………………………………………………………………… 6 Overview of recommendations…………………………………………………………. 15 PART I: ACTIVITIES OF THE ILO NETWORK A. Activities of the ILO network in Kenya…………………………………………….. 21 1. The NAIL team…………………………………………………………………………. 21 2. Activities of the NAIL team in Kenya………………………………………………… 22 3. Activities of the NAIL team in neighbouring countries…………………………….. 27 4. Overall evaluation of the cooperation and coordination among the NAIL team members……………………………………………………………………………….. 29 5. Overall evaluation of the cooperation with airlines and handling agencies…………….. 30 6. Overall evaluation of the contact with the Kenyan authorities……………………… 32 7. Recommendations to improve and strengthen the NAIL network………………………. 35 B. Performing ILO tasks in unstable and unsafe countries (Somalia)…………….. 37 1. Responsibility of the ILO network towards unstable and unsafe countries…………. 37 2. Best practices for maintaining relations with the authorities and airlines of unstable and unsafe countries…..…………………………………………………………………… 32 3. The assessment of trustworthiness of partners and stakeholders in unstable and unsafe countries………………………………………………………………………………… 38 4.
    [Show full text]