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Baubock 1..314 IMISCOE sievers eu enlargement in May 2004 has greatly increased the diversity of historic experiences ReseaRch and contemporary conceptions of statehood, nation-building and citizenship within the Union. How did newly formed states determine who would become their citizens? ( How do countries relate to their large emigrant communities, to ethnic kin minorities / per in neighbouring countries and to minorities in their own territory? And to which . ) extent have their citizenship policies been affected by new immigration and integration c into the European Union? This book describes the citizenship laws in each of the hinig ten new countries, as well as in Turkey, and analyses their historical background. Citizenship Policies in the Citizenship Policies in the New Europe complements two volumes on Acquisition / and Loss of Nationality in the fifteen old Member States published in the same series in 2006. Citizenship Policies in Citizenship the Policies New Europe New Europe Editors: Rainer Bauböck (European University Institute, Florence), Bernhard Perchinig and Wiebke Sievers (Austrian Academy of Sciences, Vienna). , ( .) Authors: Andrea Baršová, Eugene Buttigieg, Agata Górny, Priit Järve, Zeynep Kadirbeyoglu, Mária Kovács, Kristīne Krūma, Dagmar Kusá, Andre Liebich, Felicita Medved, Judit Tóth and Nicos Trimikliniotis. “The editors are to be congratulated on bringing together such an authoritative collection of papers and ensuring a common structure and system of analysis that makes them immediately comparable.” Michael Collyer, University of Sussex, United Kingdom “Theoretically, methodologically and empirically, this is an interesting addition to the earlier two volumes of the NATAC project.” Betty de Hart, University of Nijmegen, The Netherlands “This work is a worthy completion of the most impressive research ever done on European citizenship laws. For a change, European moneys well spent.” Christian Joppke, American University of Paris, France 978 90 5356 922 1 · .. Amsterdam University Press Citizenship Policies in the New Europe IMISCOE (International Migration, Integration and Social Cohesion) IMISCOE is a European Commission-funded Network of Excellence of more than 350 scientists from various research institutes that specialise in migration and integration issues in Europe. These researchers, who come from all branches of the economic and social sciences, the huma- nities and law, implement an integrated, multidisciplinary and interna- tionally comparative research programme that focuses on Europe’s mi- gration and integration challenges. Within the programme, existing research is integrated and new re- search lines are developed to address issues crucial to European-level policymaking and provide a theory-based design to implement new re- search. The publication programme of IMISCOE is based on five distinct publica- tion profiles, designed to make its research and results available to scientists, policymakers and the public at large. High-quality manu- scripts written by – or in cooperation with – IMISCOE members are pub- lished in these five series. An editorial committee coordinates the re- view process of the manuscripts. The five series are: 1. Joint Studies 2. Research 3. Dissertations 4. Reports 5. Textbook More information on the network can be found at: www.imiscoe.org. IMISCOE Research includes publications resulting from research of IMISCOE members, such as research monographs and edited volumes. Citizenship Policies in the New Europe edited by Rainer Baubo¨ck Bernhard Perchinig Wiebke Sievers IMISCOE Research Cover design: Studio Jan de Boer BNO, Amsterdam Lay-out: Fito Prepublishing, Almere ISBN 978 90 5356 922 1 NUR 741 / 763 © IMISCOE / Amsterdam University Press, 2007 All rights reserved. Without limiting the rights under copyright re- served above, no part of this book may be reproduced, stored in or in- troduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. Contents Tables 9 Preface 11 Andre Liebich Introduction: Altneula¨nder or the vicissitudes of citizenship in the new EU states 17 1 New states and old concerns, or why there is not much plural citizenship in the Altneula¨nder 17 2 Old categories and new principles, or how ethnicity has trumped other grounds of citizenship 20 3 Old wrongs and new rights, or how to use citizenship to correct history 27 4 Conclusions 31 Annex 1: Continuous statehood among old and new EU Member States 32 Annex 2: Constitutional preambles (extracts) 32 Annex 3: Provisions on plural citizenship 33 Annex 4: Federalism and regional autonomies in old and new EU Member States 36 Part I: Restored states Priit Ja¨rve Chapter 1: Estonian citizenship: Between ethnic preferences and democratic obligations 43 1.1 History of Estonian nationality 43 1.2 Basic principles of the most important current modes of acquisition and loss of nationality 47 1.3 Current debates on nationality 51 1.4 Statistics on acquisition of nationality since 1992 55 1.5 Conclusions 57 Chronological list of citizenship-related legislation in Estonia 57 6 CONTENTS Kristı¯ne Kru¯ma Chapter 2: Checks and balances in Latvian nationality policies: National agendas and international frameworks 63 2.1 History of nationality policy 63 2.2 Basic principles for the acquisition and loss of nationality 70 2.3 Current political debates 75 2.4 Statistics 77 2.5 Conclusions 81 Chronological list of citizenship-related legislation in Latvia 82 Kristı¯ne Kru¯ma Chapter 3: Lithuanian nationality: Trump card to independence and its current challenges 89 3.1 History of nationality policy 89 3.2 Basic principles of the most important current modes of acquisition and loss of nationality 98 3.3 Current political debates 103 3.4 Statistics 104 3.5 Conclusions 105 Chronological list of citizenship-related legislation in Lithuania 105 Part II: States with histories of shifting borders Agata Go´rny Chapter 4: Same letter, new spirit: Nationality regulations and their implementation in Poland 113 4.1 Polish nationality in historical perspective 114 4.2 Basic principles of current regulations on Polish nationality 118 4.3 The unresolved debate (1999-2001) 121 4.4 Acquisitions of Polish nationality in numbers 123 4.5 Conclusions 127 Chronological list of citizenship-related legislation in Poland 129 Ma´ria M. Kova´cs and Judit To´th Chapter 5: Kin-state responsibility and ethnic citizenship: The Hungarian case 135 5.1 History of Hungarian policies on nationality since 1945 136 5.2 Current nationality legislation 138 5.3 Current political debates on (dual) citizenship 142 5.4 Trends in statistics 149 5.5 Conclusions 152 Chronological list of citizenship-related legislation in Hungary 153 CONTENTS 7 Part III: Post-partition states Andrea Barsˇova´ Chapter 6: Czech citizenship legislation between past and future 163 6.1 History of Czechoslovak citizenship policies 163 6.2 Basic principles of acquisition and loss of Czech citizenship 168 6.3 Current political debates 172 6.4 Statistics 174 6.5 Conclusions 175 Chronological list of citizenship-related legislation in Czechoslovakia/ the Czech Republic 176 Dagmar Kusa´ Chapter 7: The Slovak question and the Slovak answer: Citizenship during the quest for national self-determination and after 185 7.1 History of Slovak citizenship 186 7.2 Current regulations of acquisition and loss of Slovak citizenship 193 7.3 Current political debates and reform plans 198 7.4 Statistical trends (acquisition of Slovak citizenship since 1993) 203 7.5 Conclusions 205 Chronological list of citizenship-related legislation in Czechoslovakia/ the Slovak Republic 207 Felicita Medved Chapter 8: From civic to ethnic community? The evolution of Slove- nian citizenship 213 8.1 History of citizenship policies 213 8.2 Basic principles of acquisition and loss of Slovenian citizenship 221 8.3 Current political debates 228 8.4 Statistics 231 8.5 Conclusions 233 Chronological list of citizenship-related legislation in Slovenia 235 Part IV: Mediterranean post-imperial states Eugene Buttigieg Chapter 9: Malta’s citizenship law: Evolution and current regime 245 9.1 Historical background 245 9.2 Current modes of acquisition and loss of citizenship 251 9.3 Statistical developments 257 8 CONTENTS 9.4 Conclusions 259 Chronological list of citizenship-related legislation in Malta 260 Nicos Trimikliniotis Chapter 10: Nationality and citizenship in Cyprus since 1945: Communal citizenship, gendered nationality and the adventures of a post-colonial subject in a divided country 263 10.1 History of nationality policy since 1945 264 10.2 Modes of acquisition and loss of citizenship 271 10.3 Current debates: The challenges of gender equality, migration, Europeanisation and reunification 279 10.4 Statistical developments since 1985: The ‘politics of numbers’ and the ‘numbers game’ 281 10.5 Conclusions: Charting out the ‘nationality policies’ 283 Chronological list of citizenship-related legislation in the Republic of Cyprus 284 Zeynep Kadirbeyoglu Chapter 11: Changing conceptions of citizenship in Turkey 293 11.1 History of Turkish citizenship law 293 11.2 Modes of acquisition and loss of Turkish citizenship 300 11.3 Statistics 302 11.4 Conclusions 305 Chronological list of citizenship-related legislation in Turkey 306 List of contributors 313 Tables Figure 1.1 Estonian citizens and stateless persons in Estonia, 1992- 1.5.2005, per cent of the
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